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Tahee A'rasheed v. Tim Virga

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


December 7, 2010

TAHEE A'RASHEED, PLAINTIFF,
v.
TIM VIRGA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

FINDINGS & RECOMMENDATIONS

By order filed September 22, 2010, plaintiff (previously found ineligible to proceed in forma pauperis)was ordered, within twenty-eight days, to pay the $350.00 filing fee or submit documentation showing that he currently has $350.00 available in his prison trust account and to describe specifically his efforts to access these funds, and also describe specifically how defendants have prevented him from doing so. The twenty-eight day period has now expired, and plaintiff has not paid the fee or otherwise responded to the court's order.

IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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 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).

GGH:035 rash1805.dsm

20101207

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