(PC) Koster v. Solano County et al, No. 2:2010cv02264 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/13/10 ORDERING that the Clerk of the Court shall assign a district judge to this action;and RECOMMENDING that this action be dismissed without prejudice; 1 Prisoner Civil Rights Complaint filed by Matt Koster referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Koster v. Solano County et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATT KOSTER, 11 12 13 Plaintiff, No. 2: 10-cv-2264 KJN P vs. MARSH, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed September 1, 2010, plaintiff was ordered to file an in forma 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. 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: October 13, 2010 8 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 kos2264.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2