(PC) Brown v. Downtime Alert Performance Monitoring et al, No. 2:2012cv02608 - Document 5 (E.D. Cal. 2013)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/29/2013 ORDERING the Clerk shall assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)

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(PC) Brown v. Downtime Alert Performance Monitoring et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALONZO BROWN, 11 Plaintiff, 12 No. 2:12-cv-2608 CKD P vs. 13 14 DOWNTIME ALERT PERFORMANCE MONITORING, et al., 15 Defendants. 16 ORDER AND FINDINGS AND RECOMMENDATIONS / 17 By an order filed March 7, 2013, plaintiff was ordered to file an in forma pauperis 18 affidavit or pay the appropriate filing fee within thirty days and was cautioned that failure to do 19 so would result in a recommendation that this action be dismissed. The thirty day period has 20 expired, and plaintiff has not responded to the court’s order and has not filed an in forma 21 pauperis affidavit or paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this action. 24 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. 26 \\\\\ 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 6 shall be served and filed within fourteen days after service of the objections. The parties are 7 advised that failure to file objections within the specified time may waive the right to appeal the 8 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: April 29, 2013 10 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 8 brow2608.fifp 17 18 19 20 21 22 23 24 25 26 2

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