(PC) Harris v. Virga et al, No. 2:2011cv03322 - Document 4 (E.D. Cal. 2012)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/16/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
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(PC) Harris v. Virga 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 MARVIN HARRIS, 11 12 13 Plaintiff, No. CIV S-11-3322 CKD P vs. TOM VIRGA, et al., 14 ORDER and Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed January 4, 2012, plaintiff was ordered to show cause, within 17 twenty-one days, why he is not barred from proceeding in forma pauperis under 28 U.S.C. § 18 1915(g). The twenty-one day period has now expired, and plaintiff has not responded to the 19 court’s order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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, plaintiff may file written Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge's 2 Findings and Recommendations.” Plaintiff 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: February 16, 2012 6 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 3 9 harr3322.fsc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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