(PC) Weaver v. Rio Cosumnes Correctional Center, No. 2:2011cv03192 - Document 4 (E.D. Cal. 2012)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/31/2012 ORDERING the clerk to assign this action to a US District Judge; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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(PC) Weaver v. Rio Cosumnes Correctional Center Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE WEAVER, 11 12 13 Plaintiff, No. 2:11-cv-3192 DAD (PC) vs. RIO COSUMNES CORRECTIONAL CENTER, et al., ORDER AND 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed December 8, 2011, plaintiff was ordered to file an in forma 17 pauperis affidavit or to pay the appropriate filing fee within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has neither filed 20 an in forma pauperis affidavit nor paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and 23 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without 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. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: January 31, 2012. 7 8 9 10 11 DAD:12 weav3192.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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