(PC) Dean v. Gonzales, No. 2:2010cv01355 - Document 12 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/15/10 recommending that this action be dismissed without prejudice; 1 Prisoner Civil Rights Complaint filed by Alton E. Dean referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Dean v. Gonzales Doc. 12 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, Plaintiff, 11 12 13 No. 2:10-cv-1355 JFM (PC) vs. KATHRYN M. GONZALES, ORDER AND Defendant. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed July 21, 2010, plaintiff was ordered to pay the appropriate filing 16 17 fees within twenty days and was cautioned that failure to do so would result in a 18 recommendation that this action be dismissed. The twenty day period has now expired, and 19 plaintiff has not responded to the court’s order and has not paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this 20 21 case; and IT IS HEREBY RECOMMENDED that this action be dismissed without 22 23 24 prejudice. 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 fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: October 15, 2010. 7 8 9 10 /014;dean1355.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2