(PC) Battiste v. Duel Vocation Institute, No. 2:2010cv02035 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/14/10 ORDERING that a district judge be assigned to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
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(PC) Battiste v. Duel Vocation Institute Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD ANTONIO BATTISTE, Plaintiff, 11 12 13 No. 2:10-cv-2035 JFM (PC) vs. DUEL VOCATIONAL INSTITUTE, Defendant. 14 ORDER AND FINDINGS AND RECOMMENDATIONS / 15 By an order filed August 11, 2010, plaintiff was ordered to file an in forma 16 17 pauperis affidavit or pay the appropriate filing fees within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 20 in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this 21 22 case; and IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 25 26 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:October 14, 2010. 8 9 10 11 /014;batt2035.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2