-GGH (TEMP)(PC) McClellan v. Rodriguez et al, No. 2:2011cv00044 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 03/02/11 ORDERING the clerk of the court shall assign a District Judge to this action. U.S. District Judge John A. Mendez randomly assignedc to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)

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-GGH (TEMP)(PC) McClellan v. Rodriguez et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES MCCLELLAN, 11 Plaintiff, 12 13 No. CIV S-11-0044 GGH (TEMP) P vs. JOHN R. RODRIGUEZ, 14 ORDER AND Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed January 19, 2011, plaintiff was ordered to file a completed 17 application to proceed in forma pauperis or pay the appropriate filing fees within thirty days. 18 Plaintiff was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s 20 order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 23 24 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, any party 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.” Any reply to the objections 4 shall be served and filed within fourteen days after service of the objections. The parties are 5 advised that failure to file objections within the specified time may waive the right to appeal the 6 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: March 2, 2011 8 /s/ Gregory G. Hollows ___________________________________ GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 9 10 11 kc mccl0044.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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