(PC) Barger v. CDCR et al, No. 2:2016cv00182 - Document 7 (E.D. Cal. 2016)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/26/16 ORDERING that the Clerk of Court assign a district judge to this action. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 SONNY BARGER II aka GARY FRANCIS FISHER, Plaintiff, 13 14 15 No. 2:16-cv-0182 CKD P ORDER AND v. FINDINGS AND RECOMMENDATIONS CDCR, et al., Defendants. 16 17 18 On February 2, 2016, plaintiff, a Three Strikes litigant, was ordered to pay the filing fee 19 within fourteen days or face dismissal of this action. (ECF No. 6.) That period has now expired, 20 and plaintiff has not responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: February 26, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2 / barg0182.1915(g) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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