(PC) Robertson v. Singh et al, No. 2:2009cv02648 - Document 9 (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 this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days. (Yin, K)

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(PC) Robertson v. Singh et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAROLD ROBERTSON, Plaintiff, 11 12 vs. 13 No. CIV S-09-2648 KJM V. SINGH, et al, ORDER AND Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed November 9, 2009, plaintiff was ordered to file an in forma 16 17 pauperis affidavit within thirty days and was cautioned that failure to do so would result in a 18 recommendation that this action be dismissed. The thirty day period has now expired, and 19 plaintiff has not responded to the court’s order and has not filed an in forma pauperis affidavit. 20 IT IS HEREBY ORDERED that the Clerk of the Court assign a district judge to 21 this action. 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 2 9 robe2648.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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