(PC) Hayes v. Foston, et al, No. 2:2010cv01456 - Document 6 (E.D. Cal. 2010)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/3/10 ORDERING that Clerk to assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Lonnie Hayes. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Hayes v. Foston, 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 LONNIE HAYES, 11 12 13 Plaintiff, No. 2: 10-cv-1456 KJN P vs. D. FOSTON, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed June 23, 2010, plaintiff was ordered to file an in forma pauperis 17 affidavit AND/OR pay the appropriate filing fee within thirty days and was cautioned that failure 18 to do so would result in a recommendation that this action be dismissed. The thirty day period 19 has now expired, and plaintiff has not responded to the court’s order and has not filed an in 20 forma pauperis affidavit AND/OR paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this action; and 23 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 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.” Any response to the objections shall be filed and served 4 within fourteen days after service of the objections. Plaintiff is advised that failure to file 5 objections within the specified time may waive the right to appeal the District Court’s order. 6 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: August 3, 2010 8 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 hay1456.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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