-DAD (PC) Williams v. Thompson et al, No. 2:2011cv00701 - Document 9 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/17/11 ORDERING the clerk of the court is directed to randomly assign this case to a District Judge. U.S. District Judge Garland E. Burrell randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days.(Plummer, M)

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-DAD (PC) Williams v. Thompson et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK WILLIAMS, 11 Plaintiff, 12 13 No. CIV S-11-0701 DAD P vs. THOMPSON, et al., 14 ORDER AND Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. By order filed on May 6, 2011, the court vacated its April 6, 2011 order 18 granting plaintiff leave to proceed in forma pauperis and ordering the payment of the initial 19 partial filing fee and other payments by the Director of the California Department of Corrections 20 and Rehabilitation. (Doc. Nos. 4 & 5.) Therein, the court also found plaintiff ineligible to 21 proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g) and ordered plaintiff to pay the 22 $350.00 filing fee in full within thirty days. That thirty-day period has now expired and plaintiff 23 has not paid the filing fee. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 25 randomly assign this case to a District Judge. 26 ///// 1 Dockets.Justia.com 1 2 Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: June 17, 2011. 11 12 13 DAD:4 will0701. ffee 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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