(PC) Nguon v. Virga, No. 2:2010cv01058 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/9/10 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Nguon v. Virga Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUNG DUONG NGUON, 11 12 13 14 Plaintiff, No. CIV S-10-1058 DAD P Defendant. FINDINGS AND RECOMMENDATIONS vs. T. VIRGA, 15 / 16 By order filed June 28, 2010, plaintiff was ordered to file a properly completed in 17 forma pauperis application within thirty days and cautioned that his failure to do so would result 18 in a recommendation that this action be dismissed without prejudice. The thirty day period has 19 now expired, and plaintiff has failed to file a properly completed in forma pauperis application or 20 otherwise respond to the court’s June 28, 2010 order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41. 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 and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 4 failure to file objections within the specified time may waive the right to appeal the District 5 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: August 9, 2010. 7 8 9 10 11 DAD:sj nguo1058.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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