Davis v. C.D.C.R. et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/22/17 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONNOR A. DAVIS,

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Plaintiff,
FINDINGS AND RECOMMENDATIONS

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No. 2:16-cv-2906 MCE KJN P

v.
CDCR, et al.,

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Defendants.

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By an order filed January 4, 2017, plaintiff was ordered to pay the filing fee or file a

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completed in forma pauperis affidavit and a certified copy of his prison trust account statement,

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and was cautioned that failure to do so would result in a recommendation that this action be

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dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s

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order1 and has not filed the required documents or paid the filing fee.
In accordance with the above, IT IS HEREBY RECOMMENDED that this action be

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dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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Plaintiff filed an amended complaint, a notice of his alleged pending release in March of 2017,
and a supplement to his complaint, but none of these documents addressed the January 4, 2017
order.
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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: February 22, 2017

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/davi2906.fifp

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