-EFB (TEMP)(HC) Jose H. Magana-Torres v. Larry Small, No. 2:2010cv02712 - Document 9 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/12/11: ORDERING that this case be assigned to a district judge. RECOMMENDING that this action be dismissed without prejudice. Objections to F&R due within twenty-one days. (Kaminski, H)
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-EFB (TEMP)(HC) Jose H. Magana-Torres v. Larry Small Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE H. MAGANA-TORRES, Petitioner, 11 12 vs. 13 No. CIV S-10-2712 EFB (TEMP) P LARRY SMALL, 14 15 16 ORDER AND Respondent. FINDINGS AND RECOMMENDATIONS / By an order filed October 18, 2010, petitioner was ordered to file an in forma pauperis 17 affidavit or to pay the appropriate filing fee, within thirty days, or his application would be 18 dismissed. The thirty day period has now expired, and petitioner has not responded to the court's 19 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. 20 IT IS HEREBY ORDERED that this case be assigned to a district judge. 21 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 24 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: January 12, 2011. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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