-JFM (HC) Feliz v. Swarthout, No. 2:2011cv00855 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 7/28/11 ORDERING that a district judge be assigned to this case; RECOMMENDING that this action be dismissed without prejudice; 1 Petition for Writ of Habeas Corpus referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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-JFM (HC) Feliz v. Swarthout Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO FELIZ, Petitioner, 11 12 13 No. 2:11-cv-0855 JFM (HC) vs. SWARTHOUT, Warden, Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 16 By an order filed April 5, 2011, plaintiff was ordered to file an in forma pauperis 17 affidavit or pay the appropriate filing fee within thirty days and was cautioned that failure to do 18 so would result in a recommendation that this action be dismissed. The thirty day period has 19 now expired, and plaintiff has not responded to the court’s order and has not filed an in forma 20 pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this 21 22 case; and IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 25 26 prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Any response to the objections shall be filed and served 4 within fourteen days after service of the objections. Plaintiff is advised that failure to file 5 objections within the specified time may waive the right to appeal the District Court’s order. 6 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: July 28, 2011. 8 9 10 11 /feli0855.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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