(HC) Bray v. People of the State of California, No. 2:2016cv00802 - Document 5 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/21/16 ORDERING that the Clerk of Court shall assign a district judge to this action. It is RECOMMENDED that this action be dismissed without prejudice. 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 JERMEL LARRY BRAY, 12 13 14 15 16 No. 2:16-cv-0802 CKD P Petitioner, v. ORDER & PEOPLE OF THE STATE OF CALIFORNIA, FINDINGS AND RECOMMENDATIONS Respondent. 17 By an order filed June 7, 2016, petitioner was ordered to either file an in forma pauperis 18 affidavit or pay the appropriate filing fee within thirty days, or this action would be dismissed. 19 The thirty day period has now expired, and petitioner has neither filed an in forma pauperis 20 affidavit nor paid the appropriate filing fee. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district 22 judge to this action. 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 24 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, any party may file written 28 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be filed and served within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: July 21, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 2 / bray0802.fpf.hab 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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