-DAD (PC) Simon v. The Dept. of CDCR and DMH, No. 2:2010cv02555 - Document 9 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/12/11 ORDERING that Clerk is directed to randomly assign a District Judge to this action; It is RECOMMENDED that re 1 Complaint filed by John Philip Simon. referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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-DAD (PC) Simon v. The Dept. of CDCR and DMH Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN PHILIP SIMON, 11 Plaintiff, 12 13 No. CIV S-10-2555 DAD P vs. CDCR et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed November 10, 2010, plaintiff was ordered to file an in forma 17 pauperis affidavit or pay the appropriate filing fees within thirty days. On November 30, 2010, 18 the court re-served the order on plaintiff’s address of record. The thirty-day period since the 19 court re-served the order has now expired, and plaintiff has not filed an in forma pauperis 20 affidavit or paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without 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: January 12, 2011. 7 8 9 10 DAD:9 simo2555.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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