(PC) Sealy v. Sexton, et al., No. 1:2018cv01000 - Document 9 (E.D. Cal. 2019)
Court Description: ORDER to Assign a District Judge to this Case; and FINDINGS and RECOMMENDATIONS to Dismiss this Action without Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 4/5/19. This case is assigned to District Judge Dale A. Drozd and Magistrate Judge Jennifer L. Thurston. The new case no. is: 1:18-cv-01000-DAD-JLT. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 1:18-cv-01000 JLT (PC) FLOYD SEALY, ORDER TO ASSIGN A DISTRICT JUDGE TO THIS CASE; AND Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION WITHOUT PREJUDICE WARDEN M. SEXTON, et al., 15 Defendant(s). FOURTEEN-DAY DEADLINE 16 17 18 On February 8, 2019, the Court ordered the plaintiff to file a completed in forma pauperis 19 affidavit and a certified copy of his prison trust account statement. The Court cautioned him that 20 his failure to do so would result in a recommendation that this action be dismissed. The forty- 21 five-day period has now expired, and plaintiff has not responded to the Court’s order and has not 22 filed the required documents. Accordingly, the Court: 23 1. ORDERS the Clerk of the Court assign a district judge to this case; and 24 2. RECOMMENDS that this action be dismissed without prejudice. 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 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 6 7 IT IS SO ORDERED. Dated: April 5, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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