(PC) Harris v. Brooks et al, No. 2:2009cv01818 - Document 10 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/26/2010 ORDERING the clerk to randomly assign this action to a District Judge; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge William B. Shubb; Objections to F&R due w/in 21 days. (Yin, K)

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(PC) Harris v. Brooks et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN HARRIS, 11 12 13 Plaintiff, No. CIV S-09-1818 DAD P vs. G. BROOKS, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed June 23, 2010, plaintiff’s in forma pauperis application was 17 denied pursuant to 28 U.S.C. § 1915(g) and plaintiff was ordered to pay the filing fee for this 18 action within twenty-one days. Plaintiff was also cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The twenty-one day period has now expired and 20 plaintiff has not paid the filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign this action to a District Judge. 23 24 Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: July 26, 2010. 7 8 9 10 DAD:4 harr1818.ffee 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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