(PC) Whitmire v. Matter, No. 2:2009cv02217 - Document 4 (E.D. Cal. 2009)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 12/17/09 ORDERING the clerk to assign a district judge to the case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 20 days.(Yin, K)

Download PDF
(PC) Whitmire v. Matter Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIOVANNI WHITMIRE, Plaintiff, 11 12 No. CIV S-09-2217 KJM P vs. 13 VINCENT R. MATTER, 14 ORDER AND Defendant. FINDINGS AND RECOMMENDATIONS / 15 By an order filed August 26, 2009, plaintiff was ordered to file an in forma 16 17 pauperis affidavit or pay the appropriate filing fees within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order. Accordingly, IT IS ORDERED that the Clerk of the Court assign a district judge 20 21 to the case. IT IS HEREBY RECOMMENDED that this action be dismissed without 22 23 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 one days after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 3 shall be served and filed within fourteen days after service of the objections. The parties are 4 advised that failure to file objections within the specified time may waive the right to appeal the 5 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: December 17, 2009. 7 8 9 1 whit2217.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.