(PC) Myrick v. Ives et al, No. 2:2010cv01085 - Document 12 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 6/14/2010 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that pltf's 4 motion for summary judgment be denied w/out prejudice. Assigned and Referred to Judge Frank C.Damrell, Jr.; Objections to F&R due w/in 20 days. (Yin, K)
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(PC) Myrick v. Ives et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESHAWN MYRICK, 11 Plaintiff, No. 2:10-cv-1085 JFM (PC) Defendants. ORDER AND 12 13 vs. IVES, et al., 14 / 15 FINDINGS & RECOMMENDATIONS Plaintiff is a state prisoner proceeding pro se on a “1331 Motion of Civil Suit” 16 17 filed on January 26, 2010.1 On March 9, 2010, plaintiff filed a motion for summary judgment. 18 This motion, however, is premature. Plaintiff has not been approved to proceed in forma 19 pauperis, he has not paid the filing fee, defendants have not been served, and no defendants have 20 appeared in this matter. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the 21 22 Court assign a district judge to this case; and IT IS HEREBY RECOMMENDED that plaintiff’s March 9, 2010 motion for 23 24 summary judgment be denied without prejudice. 25 26 1 This action was transferred from the Northern District of California on May 3, 2010. 1 Dockets.Justia.com 1 These findings and recommendations will be submitted to the United States 2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 3 twenty days after being served with these findings and recommendations, plaintiff may file 4 written objections with the court. The document should be captioned “Objections to Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: June 14, 2010. 9 10 11 12 /014.myri1085.msj 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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