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Allen v. Picciano

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 21, 2009

EUGENE A. ALLEN, PLAINTIFF,
v.
CONSTANCE PICCIANO, DEFENDANT.

FINDINGS AND RECOMMENDATIONS

On November 3, 2008, the court ordered plaintiff to either file an in forma pauperis affidavit or pay the appropriate filing fee within 30 days and warned him that failure to do so would result in a recommendation that this action be dismissed. The Clerk of the Court also mailed to plaintiff a form application for leave to proceed in forma pauperis. On December 1, 2008, plaintiff requested an extension of time to file his application for leave to proceed in forma pauperis. On December 10, 2008, the court granted plaintiff's request and ordered plaintiff to file an application to proceed in forma pauperis within 30 days. The court again warned plaintiff that failure to do so would result in a recommendation that this action be dismissed. The Clerk of the Court also mailed to plaintiff another form application.

The 30-day period has expired and while plaintiff has requested a hearing and filed a statement regarding the background of his case, he has not filed an in forma pauperis affidavit or otherwise responded to the December 10, 2008 order.

It therefore is RECOMMENDED that this action be dismissed without prejudice. 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 twenty 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." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20090121

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