(PC) O'Dell v. Vencer, et al., No. 2:2014cv01130 - Document 6 (E.D. Cal. 2014)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/18/2014 ORDERING that the Clerk shall randomly assign a United States District Judge to this action; Clerk randomly assigned Senior Judge Garland E. Burrell, Jr. ; RECOMMENDING that this action be dismissed without prejudice; 1 Prisoner Civil Rights Complaint filed by Eric A. O'Dell referred to Judge Garland E. Burrell, Jr.; All future pleadings shall bear the new case number 2:14-cv-1130 GEB EFB (PC). Within 14 days after being served with these findings and recommendations, any party may file written objections; failure to file objections within the specified time may waive the right to appeal the District Courts order. (Waggoner, D)

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(PC) O'Dell v. Vencer, et al. Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC A. O’DELL, 12 No. 2:14-cv-1130-EFB P Plaintiff, 13 v. 14 VENCER, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983.1 On May 12, 2014, the court ordered plaintiff to, within 30 days, file a completed 19 affidavit in support of his application to proceed in forma pauperis. The court also warned 20 plaintiff that failure to comply with the order would result in a recommendation of dismissal. The 21 time for acting has passed and plaintiff has not filed a completed affidavit in support of his 22 application for leave to proceed in forma pauperis, or otherwise responded to the court’s order. Accordingly, it hereby is ORDERED that the Clerk of the Court randomly assign a United 23 24 States District Judge to this action. 25 ///// 26 27 28 1 Plaintiff did not respond to the court’s order directing him to complete and return the form indicating either his consent to jurisdiction of the magistrate judge or request for reassignment to a district judge. Accordingly, the clerk will be directed to randomly assign this case to a district judge. 1 Dockets.Justia.com 1 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be served and filed within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: June 18, 2014. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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