(TEMP)(PC) Silagi v. Department of State Hospital, et al., No. 2:2015cv01118 - Document 9 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/10/2015 ORDERING the Clerk to appoint a district judge to this action. IT IS RECOMMENDED 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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(TEMP)(PC) Silagi v. Department of State Hospital, et al. Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARRIS J. SILAGI, 12 13 14 15 16 No. 2:15-cv-1118 AC P (TEMP) Plaintiff, v. ORDER & DEPARTMENT OF STATE HOSPITAL, et al., FINDINGS AND RECOMMENDATIONS Defendants. 17 By an order filed July 20, 2015, plaintiff was granted, for the second time, thirty days’ 18 leave (i) to file an amended complaint, and (ii) to file an in forma pauperis affidavit or pay the 19 appropriate filing fees. (ECF No. 5.) Plaintiff was further cautioned that his failure to comply 20 with the court’s order would result in a recommendation that this action be dismissed. (Id.) The 21 thirty day period has now expired, and plaintiff has not filed an amended complaint, has not filed 22 an in forma pauperis affidavit or paid the appropriate filing fee, and has not otherwise responded 23 to the court’s order. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a 25 district judge in this action. 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 2 after being served with these findings and recommendations, any plaintiff may file written 3 objections with the court and serve a copy on all parties. Such a document should be captioned 4 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 5 failure to file objections within the specified time may waive the right to appeal the District 6 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: November 10, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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