(PC) Mosley v. Broyles, No. 2:2012cv02681 - Document 5 (E.D. Cal. 2012)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/10/12: ORDERING that the Clerk of Court assign a district judge to this action. RECOMMENDING that this action be dismissed without prejudice. F&R referred to Judge John A. Mendez. Objections to F&R due by within fourteen days. (Kaminski, H)

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(PC) Mosley v. Broyles Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK MOSLEY, 11 12 13 Plaintiff, No. 2:12-cv-2681 CKD P vs. BROYLES, 14 ORDER & Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed November 2, 2012, plaintiff was ordered to file a completed in 17 forma pauperis application within thirty days and was cautioned that failure to do so would result 18 in a recommendation that this action be dismissed. The thirty day period has now expired, and 19 plaintiff has not responded to the court’s order and has not filed a completed in forma pauperis 20 application. 21 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this action. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 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 10, 2012 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 2 mosl2681.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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