-GGH (PC) Churchill v. California Department of Corrections et al, No. 2:2011cv01968 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/19/11 ORDERING that a district judge be assigned to this case; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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-GGH (PC) Churchill v. California Department of Corrections 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 DAVID H. CHURCHILL, 11 Plaintiff, 12 No. CIV S-11-1968 GGH P vs. 13 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 ORDER & Defendants. 16 FINDINGS AND RECOMMENDATIONS / 17 Plaintiff is proceeding pro se with a civil rights action. By order filed August 24, 18 2011, the court granted plaintiff twenty-eight days to file an in form pauperis application. The 19 twenty-eight day period has now expired, and plaintiff has not filed an in forma pauperis 20 application or otherwise responded to the court’s order.1 21 IT IS HEREBY ORDERED that a district judge be assigned to this case. 22 IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 \\\\ 25 26 1 The court also notes that the last order sent to plaintiff was returned as undeliverable. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 3 fourteen (14) 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 Magistrate 5 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 6 served within fourteen days after service of the objections. Plaintiff is advised that failure to file 7 objections within the specified time may waive the right to appeal the District Court’s order. 8 DATED: October 19, 2011 9 10 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH: AB chur1968.dis 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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