(HC) Bright v. Haviland, No. 2:2009cv01774 - Document 6 (E.D. Cal. 2009)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/26/09 ORDERING that Clerk is directed to randomly assign a U.S. District Judge to this action; RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 20 days.(Dillon, M)

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(HC) Bright v. Haviland Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY BRIGHT, Petitioner, 11 12 13 No. CIV S-09-1774 DAD vs. JOHN W. HAVILAND, ORDER AND Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed July 15, 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 would be 18 dismissed. The thirty-day period has now expired, and petitioner has not responded to the court's 19 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 20 21 randomly assign a United States District Judge to this action; IT IS HEREBY RECOMMENDED that this action be dismissed without 22 23 prejudice. 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 26 days after being served with these findings and recommendations, petitioner may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge's 2 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: August 26, 2009. 6 7 8 9 DAD:lg brig1774.fpf 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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