Menchhofer v. Nevis et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/25/2017 RECOMMENDING that this action be dismissed without prejudice, and that the Clerk shall close this case. Referred to Judge Morrison C. England, Jr. Objections due within 20 days after being served with these findings and recommendations. (Washington, S)

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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 SUZANNE MENCHOFER, 12 Plaintiff, 13 14 v. No. 2:17-cv-01651-MCE-GGH FINDINGS AND RECOMMENDATIONS MIKE NEVIS,et al., 15 Defendants. 16 17 Plaintiff Suzanne Menchofer [“plaintiff”] is proceeding in this civil rights act pro se. On 18 August 15, 2017 this court issued an Order directing the Clerk of the Court to mail to the address 19 provided by plaintiff a copy of the Order together with this court’s form of application to proceed 20 in pro se and directing plaintiff that she must file the fully completed IFP application or submit 21 the court’s required filing fee within sixty-three days of the date of the Order. ECF No. 3. The 22 plaintiff has neither complied with the Order nor requested additional time to comply. 23 In light of the foregoing it is HEREBY RECOMMENDED that: 24 1. The plaintiff’s complaint should be dismissed without prejudice; and 25 2. The Clerk of the Court shall close this file. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 28 after being served with these findings and recommendations, the plaintiff may file written 1 1 objections with the court. Such a document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Failure to file objections within the specified time 3 may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 4 1991, 951 F.2d 1153 (9th Cir. 1991). 5 IT IS SO ORDERED. 6 7 8 Dated: October 25, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 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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