(PC) Churchill v. California Department of Corrections Board of Prison Terms et al, No. 2:2011cv02833 - Document 11 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/4/12 ORDERING that a district judge assignment be made to this case; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Churchill v. California Department of Corrections Board of Prison Terms et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID H. CHURCHILL, 11 Plaintiff, 12 13 14 No. CIV S-11-2833 GGH P vs. CALIFORNIA DEPARTMENT OF CORRECTIONS BOARD OF PRISON TERMS, et al., 15 ORDER & Defendants. 16 FINDINGS AND RECOMMENDATIONS / 17 By an order filed November 22, 2011, plaintiff was ordered to file a completed in 18 forma pauperis affidavit within twenty-eight days and was cautioned that failure to do so would 19 result in a recommendation that this action be dismissed without prejudice. The twenty-eight day 20 period has now expired, and plaintiff has not responded to the court’s order and has neither filed 21 an forma pauperis affidavit nor paid the appropriate filing fee. Moreover, the court notes that 22 prior to this case having being transferred from the Northern District to this court by order filed 23 in this case docket on October 25, 2011, plaintiff had been directed to complete his in forma 24 pauperis application as of July 28, 2011. Nothing in the record indicates that plaintiff responded 25 to this earlier clerk’s notice from the Northern District. 26 \\\\\ 1 Dockets.Justia.com 1 2 Accordingly, IT IS ORDERED that a district judge assignment be made to this case. 3 4 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 7 days after being served with these findings and recommendations, plaintiff may file written 8 objections with the court. Such a document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 11 Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: January 4, 2012 13 14 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:009 chur2833.fifp 15 16 17 18 19 20 21 22 23 24 25 26 2
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