(PC) Alldredge v. Schwarzenegger, No. 2:2010cv02413 - Document 10 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/30/10 ORDERING the clerk of court assign a district judge to this case; RECOMMENDING that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus filed by Joseph Alldredge. Randomly assigned and referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Alldredge v. Schwarzenegger Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH ALLDREDGE, Plaintiff, 11 12 13 No. CIV S-10-2413 KJM P vs. ARNOLD SCHWARZENEGGER, ORDER AND Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 16 By an order filed September 27, 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. Accordingly, IT IS HEREBY ORDERED that the clerk of court assign a district 21 22 judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 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, plaintiff may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff 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: November 30, 2010. 7 8 9 1 alld2413.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2