(PC) Miller v. Baumiller et al, No. 2:2010cv00796 - Document 14 (E.D. Cal. 2010)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/9/10 ORDERING that Clerk is directed to assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Miller v. Baumiller et al Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST MILLER, 11 Plaintiff, 12 vs. 13 No. 2:10-cv-0796-JFM (PC) K. TERRY, et al., 14 ORDER AND Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. By an order filed July 21, 2010, this court found that on at least three 18 occasions lawsuits filed by plaintiff have been dismissed on the grounds that they were frivolous 19 or malicious or failed to state a claim upon which relief may be granted and, therefore, that 20 plaintiff was precluded from proceeding with this action in forma pauperis unless he is “under 21 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). The court further found that 22 plaintiff has not alleged any facts which suggest that he faces such danger. Accordingly, the 23 court ordered plaintiff to pay the appropriate filing fee for this action within twenty days. 24 On August 4, 2010, plaintiff filed objections to the July 21, 2010 order, and on 25 August 5, 2010, plaintiff filed a document styled as a motion for injunctive relief precluding 26 ///// 1 Dockets.Justia.com 1 enforcement of the order. Neither has merit. The twenty day period has now expired, and 2 plaintiff has not paid the filing fee as required by the court’s July 21, 2010 order. 3 4 Accordingly, good cause appearing, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and 5 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District 8 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 9 days after being served with these findings and recommendations, plaintiff may file written 10 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Any response to the objections shall be filed and served 12 within fourteen days after service of the objections. Plaintiff is advised that failure to file 13 objections within the specified time may waive the right to appeal the District Court’s order. 14 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 DATED: August 9, 2010. 16 17 18 19 20 12 mill0796.fpf 21 22 23 24 25 26 2
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