-DAD (PC) Brown v. Felker et al, No. 2:2011cv01935 - Document 6 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 09/07/11 ORDERING the clerk of the court randomly assign a District Judge to this action. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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-DAD (PC) Brown v. Felker 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 BRIAN L. BROWN, Plaintiff, 11 12 13 14 15 No. CIV S-11-1935 DAD P vs. TOM FELKER et al., Defendants. FINDINGS AND RECOMMENDATIONS / 16 By an order filed July 27, 2011, plaintiff was ordered to file a properly completed 17 in forma pauperis affidavit or pay the appropriate filing fees within thirty days and was cautioned 18 that his failure to do so would result in a recommendation that this action be dismissed. The 19 thirty day period has now expired, and plaintiff has not responded to the court’s order and has not 20 filed an in forma pauperis affidavit or paid the appropriate filing fee. It is hereby ordered that the 21 clerk of the court randomly assign a District Judge to this action. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 22 23 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 24 days 25 after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned “Objections to Magistrate 26 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: September 7, 2011. 4 5 6 7 DAD:9 brow1935.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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