(HC) Posadas v. Avenal State Prison et al, No. 2:2010cv01839 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/8/10 ORDERING that the Clerk is directed to randomly assign a United States District Judge to this action; RECOMMENDING that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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(HC) Posadas v. Avenal 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 ERWIN POSADAS, 11 12 13 Petitioner, No. CIV S-10-1839 DAD P vs. AVENAL STATE PRISON, et al., 14 ORDER AND Respondents. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed July 29, 2010, petitioner was ordered to, within thirty days, pay the 17 filing fee for this action or file an application to proceed in forma pauperis. Petitioner was also 18 cautioned that his failure to comply with the court’s order would result in the dismissal of this 19 action. The thirty day period has now expired, and petitioner has not paid the filing fee, filed an 20 application to proceed in forma pauperis, or responded otherwise to the court’s order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. 23 24 Also, 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, petitioner may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: September 8, 2010. 7 8 9 10 11 DAD:sj posa1839.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2