(PC) Dean v. Maness, No. 2:2010cv01265 - Document 10 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/8/2010 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Lawrence K. Karlton; Objections due w/in 21 days. (Yin, K)
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(PC) Dean v. Maness Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALTON E. DEAN, 11 Plaintiff, 12 vs. 13 No. CIV S-10-1265 DAD P ERIK MANESS, 14 ORDER AND Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983. By order filed July 30, 2010, the court determined that plaintiff was barred 18 under § 1915(g) from proceeding in forma pauperis in this case. Accordingly, the court ordered 19 plaintiff to pay the $350.00 filing fee for this action within thirty days. The court also cautioned 20 plaintiff that his failure to do so would result in the dismissal of this case. The thirty day period 21 has since expired and plaintiff has failed to pay the $350.00 filing fee or otherwise respond to the 22 court’s July 30, 2010 order. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 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)(1). Within twenty- 3 one days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: September 8, 2010. 9 10 11 12 13 DAD:sj dean1265.56 14 15 16 17 18 19 20 21 22 23 24 25 26 2