(PC)Carter v. Aramark Food Services et al, No. 2:2010cv00890 - Document 5 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/18/2010 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assinged and Referred to Judge William B. Shubb; Objections to F&R due w/in 21 days. (Yin, K)
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(PC)Carter v. Aramark Food Services et al 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 L. CARTER, 11 12 13 Plaintiff, No. 2:10-cv-0890 KJN P vs. ARAMARK FOOD SERVICES, et al., 14 Defendants. 15 ORDER and FINDINGS AND RECOMMENDATIONS / 16 By order filed April 27, 2010, plaintiff was directed to file an in forma pauperis 17 affidavit and/or pay the appropriate filing fee within thirty days and was cautioned that failure to 18 do so may result in a recommendation that this action be dismissed. The thirty day period has 19 expired and plaintiff has not responded to the court’s order nor filed an in forma pauperis 20 affidavit or paid the filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this case. 23 24 Further, 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 21 days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 DATED: June 18, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 cart0890.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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