(HC) White v. Board of Parole Hearing, No. 2:2008cv02972 - Document 6 (E.D. Cal. 2009)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 4/10/09 ORDERING that this case be assigned randomly to a district court judge; RECOMMENDING that this action be dismissed without prejudice. U.S. District Judge Morrison C. England, Jr. assigned. The new case number is 2:08-cv-2972 MCE KJM. Referred to Judge Morrison C. England, Jr. Objections due within 20 days.(Dillon, M)
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(HC) White v. Board of Parole Hearing Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT J. WHITE, Petitioner, 11 vs. 12 13 No. CIV S-08-2972 KJM P BOARD OF PAROLE HEARINGS, ORDER AND Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed January 16, 2009, plaintiff was ordered to file an in forma 16 17 pauperis affidavit or pay the appropriate filing fees within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 20 in forma pauperis affidavit or paid the appropriate filing fee. IT IS HEREBY ORDERED that this case be assigned randomly to a district court 21 22 judge. 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, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 4 shall be served and filed within ten days after service of the objections. The parties are advised 5 that failure to file objections within the specified time may waive the right to appeal the District 6 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: April 10, 2009. 8 9 2 10 whit2972.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2