(PC) Johnson v. Marsh, No. 2:2010cv02262 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/15/2010 ORDERING the clerk to assign this action to a US District Judge; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
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(PC) Johnson v. Marsh Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES JOHNSON, 11 12 13 Plaintiff, No. 2:10-cv-2262 JFM (PC) vs. MARSH, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed September 14, 2010, plaintiff was ordered to either file an in 17 forma pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned 18 that failure to do so would result in a recommendation that this action be dismissed. The thirty 19 day period has now expired, and plaintiff has not responded to the court’s order and has neither 20 filed an in forma pauperis affidavit nor paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; 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.” 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: November 15, 2010. 7 8 9 10 11 12 john2262.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2