-JLT (PC) Hanif v. Avenal State Prison, et al, No. 1:2011cv00504 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER DIRECTING the Clerk of the Court to Assign a District Judge to this Action; FINDINGS and RECOMMENDATIONS Recommending that this 1 Action be Dismissed signed by Magistrate Judge Jennifer L. Thurston on 5/11/2011. Referred to Judge Oliver W. Wanger. Objections to F&R due by 6/6/2011. (Sant Agata, S)
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-JLT (PC) Hanif v. Avenal State Prison, et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAHEEM HANIF, 12 Plaintiff, 13 14 Case No. 1:11-cv-00504 JLT (PC) ORDER DIRECTING THE CLERK OF THE COURT TO ASSIGN A DISTRICT JUDGE TO THIS ACTION vs. AVENAL STATE PRISON MEDICAL STAFF, et al., FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE DISMISSED 15 Defendants. 16 17 (Doc. 3) ________________________________/ 18 On March 25, 2011, Plaintiff, who is proceeding pro se, initiated this civil rights action 19 pursuant to 42 U.S.C. § 1983. However, Plaintiff, did not pay the $350 filing fee nor did he file a 20 properly completed application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Thus, 21 by order filed March 29, 2011, the Court directed Plaintiff to, within thirty days, either (1) pay the 22 filing fee for this action; or (2) file a properly completed application to proceed in forma pauperis. 23 The thirty-day period has since expired, and Plaintiff has failed to comply with the Court’s order or 24 otherwise respond to the Court’s order. 25 Accordingly, it is HEREBY ORDERED that the Clerk of the Court shall assign a district 26 judge to this action. 27 /// 28 /// 1 Dockets.Justia.com 1 Also, it is HEREBY RECOMMENDED that this action be DISMISSED WITHOUT 2 PREJUDICE for Plaintiff’s failure to pay the filing fee or submit a properly completed application 3 to proceed in forma pauperis. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 6 after being served with these findings and recommendations, Plaintiff may file written objections 7 with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 8 and Recommendations.” Plaintiff is advised that failure to file objections within the specified time 9 may waive his right to appeal the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th 10 Cir. 1991). 11 12 IT IS SO ORDERED. 13 Dated: May 11, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2