(PC) Joy v. Unknown, No. 2:2009cv02216 - Document 5 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/03/09 recommending that this action be dismissed without prejudice. The clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)
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(PC) Joy v. Unknown Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS JOY, 11 12 13 14 15 16 Plaintiff, No. CIV S-09-2216 GGH P Defendant. FINDINGS AND RECOMMENDATIONS vs. UNKNOWN, / By an order filed August 21, 2009 plaintiff was ordered to file an in forma 17 pauperis affidavit AND/OR pay the appropriate filing fees within thirty days and was cautioned 18 that failure to do so would result in a recommendation that this action be dismissed. The thirty 19 day period has now expired, and plaintiff has not responded to the court’s order and has not filed 20 an in forma pauperis affidavit AND/OR paid the appropriate filing fee. Accordingly, IT IS 21 HEREBY RECOMMENDED that this action be dismissed without prejudice. The Clerk of 22 Court is directed to assign a district judge to this case. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 2 shall be served and filed within ten days after service of the objections. The parties are advised 3 that failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: November 3, 2009 6 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 GGH:035 joy2216.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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