(PC) Jackline v. Unknown, No. 2:2009cv01578 - Document 6 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2010 ORDERING that the Clerk randomly assign a U.S. District Judge to this case. Case Assigned to Judge Morrison C. England, Jr. FINDINGS and RECOMMENDATIONS recommending that this action be dismissed without prejudice; Referred to Judge Morrison C. England, Jr.; Objections due 14 days after being served with these F & R's. (Reader, L)
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(PC) Jackline v. Unknown Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUDLEY JACKLINE, 11 Plaintiff, 12 13 No. CIV S-09-1578 EFB P vs. UNKNOWN, ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 14 / 15 On December 15, 2009, the court found that plaintiff had attempted to initiate a civil 16 17 action without filing a complaint, as required by Fed. R. Civ. P. 3, and had further failed to pay 18 the filing fee required by 28 U.S.C. § 1914(a) or requested leave to proceed in forma pauperis 19 under 28 U.S.C. § 1915(a). The court ordered plaintiff to submit a complaint and the required 20 filing fee or an application to proceed in forma pauperis within 30 days and warned him that 21 failure to do so would result in a recommendation that this action be dismissed. The 30-day period has expired and plaintiff has not filed a complaint or paid the required 22 23 filing fee or requested leave to proceed in forma pauperis or otherwise responded to that order.1 24 //// 25 1 26 Although plaintiff filed a document on December 29, 2009, it is unresponsive to the court’s order. 1 Dockets.Justia.com 1 2 Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States District Judge to this case. 3 Further, it is RECOMMENDED that this action be dismissed without prejudice. 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)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: May 3, 2010. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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