(PC) Portugal v. McDonald, No. 2:2009cv01409 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/15/2010 ORDERING that the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 21 days. (Yin, K)

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(PC) Portugal v. McDonald Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL PORTUGAL, 11 Plaintiff, 12 13 14 15 16 No. CIV S-09-1409 DAD vs. M.D. McDONALD, ORDER AND Defendant. FINDINGS AND RECOMMENDATIONS / By an order filed December 2, 2009, plaintiff was ordered to file a completed 17 application to proceed in forma pauperis or pay the appropriate filing fee within thirty days. In 18 addition, plaintiff’s complaint was dismissed and thirty days leave to file an amended complaint 19 was granted. Plaintiff was cautioned that failure to do so would result in a recommendation that 20 this action be dismissed. The thirty day period has now expired, and plaintiff has not filed a 21 completed application to proceed in forma pauperis or paid the appropriate filing fee, has not 22 filed an amended complaint, and has not otherwise responded to the court’s order. 23 24 25 26 IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110 (E.D. Cal. 1997); Fed. R. Civ. P. 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: January 15, 2010. 9 10 11 12 DAD:lg port1409.fifp.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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