(HC) Greene v. Haviland, No. 2:2010cv02433 - Document 8 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/02/10 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)
Download PDF
(HC) Greene v. Haviland Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GREENE, 11 Petitioner, 12 vs. 13 No. CIV S-10-2433 DAD P J.W. HAVILAND, 14 15 16 ORDER AND Respondent. FINDINGS & RECOMMENDATIONS / By order filed September 21, 2010, petitioner was ordered to file an in forma 17 pauperis affidavit or to pay the required filing fee. In addition, petitioner’s petition for a writ of 18 habeas corpus was dismissed and thirty days’ leave to file an amended petition was granted. The 19 thirty day period has now expired, and petitioner has not filed an in forma pauperis affidavit, 20 paid the filing fee, filed an amended application or otherwise responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign this case to a District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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, petitioner may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Petitioner 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 2, 2010. 7 8 9 10 DAD:4 gree2433.fifp.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2