(PC) Dukes v. Jones et al, No. 2:2009cv02056 - Document 4 (E.D. Cal. 2009)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/15/2009 ORDERING the clerk to randomly assign this case a US 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) Dukes v. Jones et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DUKES, Plaintiff, 11 vs. 12 13 No. CIV S-09-2056 EFB P E. B. JONES, et al., ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 14 / 15 16 On August 7, 2009, the court found that plaintiff had failed to pay the required filing fee 17 or submit an application to proceed in forma pauperis. Accordingly, the court ordered plaintiff 18 to submit either the filing fee or the application required by 28 U.S.C. § 1915(a) within thirty 19 days and warned him that failure to do so would result in a recommendation that this action be 20 dismissed. The 30-day period has expired and plaintiff has not paid the filing fee, filed a completed 21 22 in forma pauperis affidavit or otherwise responded to the court’s order.1 23 //// 24 25 26 1 Although it appears from the file that plaintiff’s copy of the order was returned marked “refused,” plaintiff was properly served. Pursuant to Local Rule 83-182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 2 Accordingly, it is hereby ORDERED that the Clerk randomly assign this case to a United States District Judge. 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 twenty 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: October 15, 2009. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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