(HC) Greene v. Haviland, No. 2:2010cv02433 - Document 10 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/13/10 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 21 days.(Plummer, M)
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(HC) Greene v. Haviland Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GREENE, Petitioner, 11 12 vs. 13 No. CIV S-10-2433 LKK DAD P J.W. HAVILAND, 14 15 16 Respondent. FINDINGS & RECOMMENDATIONS / By orders filed September 21, 2010 and November 5, 2010, petitioner was 17 ordered to file a new application to proceed in forma pauperis within thirty days and was 18 cautioned that failure to do so would result in a recommendation that this action be dismissed. 19 The thirty day period has now expired, and petitioner has not responded to the court’s order and 20 has not filed a new application to proceed in forma pauperis. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: December 13, 2010. 4 5 6 7 DAD:4 gree2433.fifp.2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2