-JFM (PC)Blanton v. Unknown, No. 2:2010cv02788 - Document 10 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/13/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Dillon, M)
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-JFM (PC)Blanton v. Unknown Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH BLANTON, 11 12 13 14 Plaintiff, vs. UNKNOWN, ORDER AND Defendants. 15 16 No. 2:10-cv-2788 JFM (PC) FINDINGS & RECOMMENDATIONS / By order filed December 3, 2010, plaintiff was granted thirty days in which to file 17 a complaint and an application to proceed in forma pauperis. The thirty day period has now 18 expired, and plaintiff has not filed a complaint or an in forma pauperis application or otherwise 19 responded to the court’s order. 20 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: January 13, 2011. 7 8 9 10 11 12 blan2788.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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