IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 17, 2009
TYRONE RICHARDSON, PLAINTIFF,
GOV. ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.
FINDINGS AND RECOMMENDATIONS
This matter is before the undersigned pursuant to E.D. Cal. L.R. 72-302(c)(21). On December 15, 2008, the court found that plaintiff had failed to pay either the requisite filing fee under 28 U.S.C. § 1914(a), or an application to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court granted plaintiff thirty days to pay the filing fee or file an application to proceed in forma pauperis. That order warned plaintiff that failure to do so could result in the action being dismissed.
The 30-day period provided in the court's December 15, 2008, order has expired and plaintiff has not paid the filing fee, filed a completed in forma pauperis application or otherwise responded to the court's order.*fn1
Accordingly, it is RECOMMENDED that this action be dismissed.
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 ten 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).