(HC) Lovette v. The People of Sacramento County, No. 2:2009cv02928 - Document 5 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 01/14/10recommending that this action be dismissed without prejudice. The clerk of court shall assign a District Judge to this action. U.S. District Judge John A. Mendez randomly assigned to this action. Referred to Judge John A. Mendez. Objections due within 20 days. (Plummer, M)

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(HC) Lovette v. The People of Sacramento County Doc. 5 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 AYERS LOVETTE, Petitioner, 6 7 8 No. CIV S-09-2928 GGH P vs. PEOPLE OF SAC. COUNTY, Respondent. 9 FINDINGS & RECOMMENDATIONS / 10 By an order filed November 4, 2009, petitioner was ordered to file an application 11 12 to proceed in forma pauperis within twenty-eight days. The twenty-eight day period has now 13 expired, and petitioner has not responded to the court’s order and has not filed an application to 14 proceed in forma pauperis. Accordingly, IT IS HEREBY RECOMMENDED that this action be 15 dismissed without prejudice. The Clerk of Court shall assign a district judge to this case. 16 These findings and recommendations are submitted to the United States District 17 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 18 days after being served with these findings and recommendations, petitioner may file written 19 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 20 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 21 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 22 F.2d 1153 (9th Cir. 1991). 23 DATED: January 14, 2010 /s/ Gregory G. Hollows 24 UNITED STATES MAGISTRATE JUDGE 25 love2928.fff 26 1 Dockets.Justia.com

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