Avila v. Moghyuddin et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/27/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY AVILA,

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No. 2:17-cv-01686 MCE CKD P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

A. MOGHYUDDIN, et al.,
Defendants.

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By an order filed August 17, 2017, plaintiff was ordered to file a completed in forma
pauperis application or pay the filing fee within thirty days and was cautioned that failure to do so
would result in a recommendation that this action be dismissed. The thirty day period has now
expired, and plaintiff has not responded to the court’s order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed 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: September 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/avil1686.fifp.doc

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