(PC) Johnson v. Cate et al, No. 2:2011cv02749 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/05/11 ORDERING the clerk of court assign a district judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. referred to Judge Morrison C. England Jr. Objections due within 21 days.(Plummer, M)
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(PC) Johnson v. Cate et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL SAMUEL JOHNSON, 11 12 Plaintiff, No. CIV S-11-2749 CKD P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 ORDER AND FINDINGS AND RECOMMENDATIONS / 16 By an order filed October 27, 2011, plaintiff was ordered to file an in forma 17 pauperis affidavit or pay the appropriate filing fees within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not responded to the court’s order and has not filed an 20 in forma pauperis affidavit or paid the appropriate filing fee. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district 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: December 5, 2011 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 1/de john2749.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2