(PC) Brown v. Perez, et al, No. 2:2010cv01323 - Document 9 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/04/10 ORDERING Clerk of the Court to assign a district judge; RECOMMENDING that 1 Prisoner Civil Rights Complaint be Dismissed without prejudice; Objections to F&R due within 21 days; referred to U.S. District Judge William B. Shubb, (WBS). The new case number is 2:10-cv-1323 WBS KJN (PC) (Williams, D)

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(PC) Brown v. Perez, 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 RONNIE O. BROWN, 11 Plaintiff, 12 vs. 13 No. 2:10-cv-1323 KJN P M. PEREZ, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed July 7, 2010, plaintiff was ordered to file affidavit in support of 17 his request to proceed in forma pauperis or pay the appropriate filing fee within twenty-one days 18 and was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The twenty-one day period has now expired, and plaintiff has not responded to the 20 court’s order and has not filed an in forma pauperis affidavit or paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: August 4, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 /brow1323.fpf 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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