-GGH (PC) Allen v. Walker et al, No. 2:2010cv02768 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/18/2011 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)

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-GGH (PC) Allen v. Walker et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGER SCOTT ALLEN, 11 12 13 Plaintiff, No. CIV S-10-2768 GGH P vs. J.B. WALKER, Warden, et al., 14 ORDER & Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed October 29, 2010, this case was re-designated as a civil rights 17 action pursuant to 42 U.S.C. Section 1983 and plaintiff was ordered to file an in forma pauperis 18 affidavit or pay the appropriate filing fees within twenty-eight days and was cautioned that failure 19 to do so would result in a recommendation that this action be dismissed. The twenty-eight day 20 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 21 in forma pauperis affidavit or paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to assign a district judge to this case. 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District 1 Dockets.Justia.com 1 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 2 days after being served with these findings and recommendations, any party may file written 3 objections with the court and serve a copy on all parties. Such a document should be captioned 4 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 5 shall be served and filed within fourteen days after service of the objections. The parties are 6 advised that failure to file objections within the specified time may waive the right to appeal the 7 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: January 18, 2011 9 /s/ Gregory G. Hollows 10 UNITED STATES MAGISTRATE JUDGE 11 GGH:035 alle2768.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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