Luncinski v. Kernan et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/24/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DALE LUNCINSKI, 12 13 14 No. 2:17-cv-1140 GEB AC P Plaintiff, FINDINGS AND RECOMMENDATIONS v. SCOTT KERNAN, 15 Defendants. 16 17 By an order filed June 9, 2017, plaintiff was ordered to file a completed in forma pauperis 18 application or pay the filing fee, and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. ECF No. 3. The thirty day period for compliance 20 has now expired, and plaintiff has not responded to the court’s order and has not filed the required 21 documents or paid the fee. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 DATED: July 24, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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