-DAD (HC) Echeverria v. Swarthoat, No. 2:2010cv03459 - Document 4 (E.D. Cal. 2011)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/5/2011 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge John A. Mendez; Objections due w/in 21 days. (Yin, K)
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-DAD (HC) Echeverria v. Swarthoat Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN PEDRO ECHEVERRIA, Petitioner, 11 12 13 No. CIV S-10-3459 DAD P vs. GARY SWARTHOUT, ORDER AND Respondents. 14 FINDINGS AND RECOMMENDATIONS / 15 16 On January 13, 2011, the court ordered petitioner to file an in forma pauperis 17 affidavit or pay the required filing fee within thirty days. The court cautioned petitioner that 18 failure to do so would result in the dismissal of this action. The thirty day period has now 19 expired, and petitioner has not responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 20 21 randomly assign a United States District Judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without 22 23 prejudice. 24 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 twenty- 26 one days after being served with these findings and recommendations, petitioner 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.” Petitioner is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: March 5, 2011. 6 7 8 DAD:9 eche3459.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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