(PC) McNeil v. Trust Office Restitution, No. 2:2009cv01959 - Document 9 (E.D. Cal. 2009)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/26/09 ORDERING that Clerk is directed to assign a district judge to this case; 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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(PC) McNeil v. Trust Office Restitution Doc. 9 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAMES MCNEIL, 10 11 12 Plaintiff, No. 2:09-cv-1959 JFM (PC) vs. TRUST OFFICE RESTITUTION, 13 ORDER AND Defendant. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed September 2, 2009, plaintiff was ordered to file a completed in 16 forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in 17 a recommendation that this action be dismissed. The thirty day period has now expired, and 18 plaintiff has not responded to the court’s order and has not filed a completed in forma pauperis 19 affidavit. 20 21 Accordingly, IT IS ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 22 23 IT IS HEREBY RECOMMENDED that this action be dismissed without 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, plaintiff 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.” Plaintiff 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: October 26, 2009. 6 7 8 9 /001; mcne1959.fff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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