(PC) Mix v. Ahlin, No. 2:2015cv00524 - Document 5 (E.D. Cal. 2015)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/26/2015 ORDERING the Clerk to assign a district judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT MIX, 12 Plaintiff, 13 14 No. 2:15-cv-0524 DAD P v. ORDER & PAM AHLIN, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff, a civil detainee at Coalinga State Hospital proceeding pro se, has filed a civil 18 rights action pursuant to 42 U.S.C. § 1983, together with an application for leave to proceed in 19 forma pauperis pursuant to 28 U.S.C. § 1915. By order filed March 23, 2015, plaintiff was ordered to file an in forma pauperis affidavit 20 21 on the form used by this district or else pay the appropriate filing fees within thirty days.1 22 Plaintiff was also cautioned that his failure to do so would result in a recommendation that this 23 action be dismissed. More than five months have passed, and plaintiff has not filed an in forma 24 pauperis affidavit on the required form, paid the appropriate filing fee, or otherwise responded to 25 the court’s order. 26 ///// 27 28 1 The Clerk of the Court was directed to mail plaintiff a blank Application to Proceed In Forma Pauperis By a Prisoner. (See ECF No. 4 at 2.) 1 1 2 Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge in this action. 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 objections shall be filed and served within fourteen days after service of the objections. The 10 parties are advised that failure to file objections within the specified time may waive the right to 11 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: August 26, 2015 13 14 15 16 DAD:10 mix0524.fifp 17 18 19 20 21 22 23 24 25 26 27 28 2
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