(PC)Celestine Stoot vs. High Desert State Prison, et al, No. 2:2010cv00601 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/02/10 ORDERING this action be randomly assigned to a District Judge. U.S. District Judge John A. Mendez randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
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(PC)Celestine Stoot vs. High Desert State Prison, et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CELESTINE STOOT, 11 12 Plaintiff, No. CIV S-10-0601 DAD P vs. 13 HIGH DESERT STATE PRISON, et al., 14 Defendants. 15 ORDER AND FINDINGS AND RECOMMENDATIONS / 16 By an order filed September 22, 2010, plaintiff was ordered to file an in forma 17 pauperis application or to pay the appropriate filing fees within thirty days. In addition, 18 plaintiff’s complaint was dismissed and plaintiff was granted leave to file an amended complaint 19 within thirty days. Plaintiff was cautioned that failure to comply with the court’s order would 20 result in a recommendation that this action be dismissed. The thirty day period has now expired, 21 and plaintiff has not responded to the court’s order, has not filed an in forma pauperis application 22 or paid the appropriate filing fee, and has not filed an amended complaint. 23 24 Accordingly, IT IS HEREBY ORDERED that this action be randomly assigned to a District Judge. 25 26 Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: November 2, 2010. 9 10 11 12 DAD:4 stoot0601.fifp.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2