(PC) Flowers v. California Department of Corrections et al, No. 2:2008cv02751 - Document 6 (E.D. Cal. 2009)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 1/29/09 ORDERING that the Clerk to assign a district court judge to this case. It is recommending that this action be dismissed without prejudice. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
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(PC) Flowers v. California Department of Corrections 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 JOSEPH J. FLOWERS, 11 Plaintiff, vs. 12 13 No. CIV S-08-2751 KJM P CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., ORDER AND 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 By an order filed December 8, 2008, plaintiff was ordered to file an in forma 16 17 pauperis affidavit and a certified copy of his prison trust account statement within thirty days and 18 was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s 20 order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a 21 22 district court judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: January 29, 2009. 7 8 9 pa/flow2751.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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