(PC) Downs v. California Attorney General, No. 2:2012cv03057 - Document 9 (E.D. Cal. 2013)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/6/13 ORDERING that the Clerk of the Court assign a district court judge to this case; and it is RECOMMENDED 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) Downs v. California Attorney General Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY DOWNS, 11 12 13 Plaintiff, No. 2:12-cv-3057 CKD P vs. CALIFORNIA ATTORNEY GENERAL, et al., 14 ORDER AND 15 Defendants. 16 FINDINGS AND RECOMMENDATIONS / 17 By an order filed December 26, 2012, plaintiff was ordered to file an application 18 to proceed in forma pauperis or pay the filing fee within thirty days. He was cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. The thirty day 20 period has now expired, and plaintiff has not responded to the court’s order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 23 24 25 26 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, plaintiff may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: February 6, 2013 7 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 1 down3057.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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