(HC) Burrell v. Sisto, No. 2:2009cv01734 - Document 7 (E.D. Cal. 2009)
Court Description: [F&R VACATED PURSUANT TO 10 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd, Jr on 08/13/09 ORDERING the clerk of the court is directed to randomly assign a District Judge to this case. U.S. District Judge Frank C. Damr ell randomly assigned to this action. Also, recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 20 days. (Plummer, M) Modified on 8/14/2009 (Plummer, M). Modified on 9/4/2009 (Yin, K).
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(HC) Burrell v. Sisto Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN BURRELL, 11 Petitioner, 12 13 No. CIV S-09-1734 DAD vs. D.K. SISTO, Warden, ORDER AND Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed July 2, 2009, petitioner was ordered to file an in forma pauperis 16 17 affidavit or to pay the appropriate filing fee, within thirty days, or his application for a writ of 18 habeas corpus would be dismissed. The thirty day period has now expired, and petitioner has not 19 responded to the court's order, has not filed an in forma pauperis affidavit, and has not paid the 20 appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 21 22 randomly assign a United States District Judge to this action; 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, petitioner may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge's 3 Findings and Recommendations.” Petitioner 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: August 13, 2009. 7 8 9 10 DAD:lg burr1734.fpf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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