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Miller v. Carrera

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


June 8, 2010

ERNEST MILLER, PLAINTIFF,
v.
CARRERA, ET AL., DEFENDANTS.
ERNEST MILLER, PLAINTIFF,
v.
ROCHE, DEFENDANT.
ERNEST MILLER, PLAINTIFF,
v.
JENESKY, ET AL., DEFENDANTS.
ERNEST MILLER, PLAINTIFF,
v.
WILLIAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

In each of these cases,*fn1 plaintiff Ernest Miller, a state prisoner proceeding without counsel, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. By orders filed April 28, 2010, May 13, 2010, April 29, 2010, and May 5, 2010, plaintiff was directed to pay in full the $350.00 filing fee in each of the above cases, within twenty-one days. Plaintiff was also cautioned that failure to do so would result in a recommendation that each action be dismissed. The twenty-one day period has now expired, and plaintiff has not responded to the court's order, and has not paid the full filing fee in any of the above cases. Accordingly, IT IS HEREBY RECOMMENDED that each 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-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a 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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