Blackman v. Cruz et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/11/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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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 TONY BLACKMAN, 12 No. 2:17-cv-2432 MCE KJN P Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. 14 E. CRUZ, et al., 15 Defendants. 16 By an order filed November 27, 2017, plaintiff was ordered to file a completed in forma 17 18 pauperis affidavit or pay the required fees, and was cautioned that failure to do so would result in 19 a recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has not responded to the court’s order and has not filed the required documents.1 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be 21 22 dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 28 1 Plaintiff filed an amended complaint on December 21, 2017, but did not comply with or address the November 27, 2017 order. 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: January 11, 2018 6 7 /cw/blac2432.fifp 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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