(HC) Andersen v. State of California, No. 2:2009cv02626 - Document 7 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/22/09 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

Download PDF
(HC) Andersen v. State of California Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOUGLAS ANDERSEN, 11 12 Petitioner, No. CIV S-09-2626 MCE DAD P vs. 13 STATE OF CALIFORNIA, 14 Respondent. 15 16 FINDINGS AND RECOMMENDATIONS / By order filed November 2, 2009, petitioner was directed to file an affidavit in 17 support of his request to proceed in forma pauperis or pay the appropriate filing fee within thirty 18 days. In addition, petitioner was ordered to file an amended petition that complies with the 19 requirements of the Federal Rules of Civil Procedure within thirty days. The thirty day period 20 has now expired, and petitioner has not filed an affidavit in support of his request to proceed in 21 forma pauperis, has not paid the appropriate filing fee, and has not filed an amended petition or 22 otherwise responded to the court’s order. 23 24 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 1 Dockets.Justia.com 1 twenty-one days after being served with these findings and recommendations, petitioner may file 2 written objections with the court. The document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: December 22, 2009. 7 8 9 10 DAD:lg ande2626.fta.fifp 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.