(PC) Bontty v. Colvin, No. 2:2012cv02385 - Document 5 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/09/12 ORDERING the clerk of court is directed to randomly assign a U.S. District Judge to this action. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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(PC) Bontty v. Colvin Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN BONTTY, 11 12 13 14 Plaintiff, No. 2: 12-cv-2385 DAD P Defendant. ORDER AND FINDINGS AND vs. B. COLVIN, 15 RECOMMENDATIONS 16 17 / By an order filed September 24, 2012, plaintiff was ordered to file an application 18 to proceed in forma pauperis or pay the appropriate filing fee within thirty days and was 19 cautioned that failure to do so would result in a recommendation that this action be dismissed 20 without prejudice. The thirty day period has now expired, and plaintiff has not responded to the 21 court’s order and has not filed an application to proceed in forma pauperis affidavit or paid the 22 appropriate filing fee. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly assign a United States District Judge to this action. Furthermore, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 28 U.S.C. § 636(b)(1). Within fourteen 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: November 9, 2012. 9 10 11 12 13 DAD:dpw bont2385.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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