(PC) Hatch v. Berliner, No. 2:2009cv01861 - Document 6 (E.D. Cal. 2009)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/1/09 ORDERING that the 2 motion to proceed IFP is DENIED; the clerk is to assign this case to a district judge; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due w/in 20 days.(Yin, K)
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(PC) Hatch v. Berliner Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVYN HATCH, Plaintiff, 11 vs. 12 13 No. CIV S-09-1861 KJM P LAURIE BERLINER, ORDER AND Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 16 By an order filed July 14, 2009, plaintiff was ordered to file an in forma pauperis 17 affidavit or pay the appropriate filing fees within thirty days and was cautioned that failure to do 18 so would result in a recommendation that this action be dismissed. The thirty day period has 19 now expired, and plaintiff has not filed an in forma pauperis affidavit or paid the appropriate 20 filing fee. Accordingly, IT IS HEREBY ORDERED that the motion to proceed in forma 21 22 pauperis (docket no. 2) is denied. The Clerk of Court is directed to assign this case to a district 23 judge. 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within ten days after service of the objections. The parties are advised 9 that failure to file objections within the specified time may waive the right to appeal the District 10 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: October 1, 2009. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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