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Smith v. United States

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


May 6, 2010

ANDRE SMITH, SR., PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

FINDINGS & RECOMMENDATIONS

By order filed April 2, 2010, this court directed plaintiff within twenty-one days to file a completed application to proceed in forma pauperis or pay the filing fee.*fn1 Plaintiff has failed to comply with the court's order.

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110.

These findings and recommendations will be 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, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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