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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY BLACKMAN,

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No. 2:17-cv-2432 MCE KJN P

Plaintiff,
FINDINGS AND RECOMMENDATIONS

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v.

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E. CRUZ, et al.,

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Defendants.

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By an order filed November 27, 2017, plaintiff was ordered to file a completed in forma

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pauperis affidavit or pay the required fees, and was cautioned that failure to do so would result in

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a recommendation that this action be dismissed. The thirty day period has now expired, and

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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

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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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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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Plaintiff filed an amended complaint on December 21, 2017, but did not comply with or address
the November 27, 2017 order.
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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: January 11, 2018

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/cw/blac2432.fifp

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