-CKD (PC) Stephen v. Sacramento Police Department et al, No. 2:2011cv02151 - Document 4 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/12/11 ORDERING that the Clerk assign a District Court Judge to this case. This case has been REASSIGNED to Judge Morrison C. England, Jr. and Magistrate Judge Carolyn K. Delaney for all further proceedings. The New case number is 2:11-CV-2151 MCE CKD PC. IT IS RECOMMENDED that this action be dismissed without prejudice. These FINDINGS and RECOMMENDATIONS are submitted to U.S. District Judge Morrison C. England, Jr. Within twenty-one days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties.(Mena-Sanchez, L)

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-CKD (PC) Stephen v. Sacramento Police Department et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIRK ELLZEY STEPHEN, 11 12 13 Plaintiff, No. CIV S-11-2151 CKD P vs. SACRAMENTO POLICE DEPARTMENT, et al., 14 ORDER AND 15 Defendants. 16 FINDINGS AND RECOMMENDATIONS / 17 By order filed August 17, 2011, plaintiff was ordered to file a request to proceed 18 in forma pauperis or pay the filing fee within thirty days and was cautioned that failure to do so 19 would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 4 shall be served and filed within fourteen days after service of the objections. The parties are 5 advised that failure to file objections within the specified time may waive the right to appeal the 6 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 Dated: October 12, 2011 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 1 step2151.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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