IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 20, 2011
WILLIE WEAVER, PLAINTIFF,
J. NGUYEN, DEFENDANT.
FINDINGS AND RECOMMENDATIONS
On April 5, 2011, the court found that plaintiff was precluded from seeking leave to proceed in forma pauperis and directed him to pay the filing fee of three hundred fifty dollars ($350.00) within twenty-one days. That order warned plaintiff that failure to pay the filing fee would result in a recommendation that this action be dismissed.
The 30-day period has expired and plaintiff has paid the required filing fee or otherwise responded to the court's order.*fn1
Accordingly, it 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 fourteen 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).