(HC) Denny v. Deboo, No. 2:2009cv02070 - Document 5 (E.D. Cal. 2009)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 09/16/09 ORDERING the clerk of the court shall randomly assign a United States District Judge to this action. U.S. District Judge Morrison C. England randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)

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(HC) Denny v. Deboo Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC DENNY, Petitioner, 11 12 13 No. CIV S-09-2070 DAD P vs. KUMA J. DEBOO, Warden, ORDER AND Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed August 3, 2009, petitioner was ordered to file an in forma 16 17 pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his application would 18 be dismissed. The thirty-day period has now expired, and petitioner has not responded to the 19 court's order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing 20 fee. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly 21 22 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: September 16, 2009. 7 8 9 10 DAD:lg denn2070.fpf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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