(TEMP)(PC) Corral v. Folsom State Prison, No. 2:2015cv00829 - Document 15 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/23/15 ORDERING the Clerk of the Court shall appoint a District Judge to this action. U.S. District Judge Garland E. Burrell randomly appointed to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)

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(TEMP)(PC) Corral v. Folsom State Prison Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DYLAN CORRAL, 12 Plaintiff, 13 14 No. 2:15-cv-0829 AC P (TEMP) v. ORDER & FOLSOM STATE PRISON, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 By an order filed June 17, 2015, plaintiff was granted a thirty day extension of time in 17 18 which to file an in forma pauperis affidavit or pay the appropriate filing fees. (ECF No. 10.) 19 By an order filed July 27, 2015, plaintiff was granted a ninety day extension of time in which to 20 file an in forma pauperis affidavit or pay the appropriate filing fees. (ECF No. 11.) By an order 21 filed November 12, 2015, plaintiff was granted a thirty day extension of time in which to file an 22 in forma pauperis affidavit or pay the appropriate filing fees. (ECF No. 14.) In the latter order, 23 plaintiff was cautioned as follows: “Plaintiff’s failure to fully and properly comply with this order 24 will result in dismissal of this action without prejudice. No further extensions of time will be 25 granted.” (Id. at 2.) The thirty day period has now expired, and plaintiff has not filed an in forma pauperis 26 27 affidavit or paid the appropriate filing fee, and has not otherwise responded to the court’s order. 28 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint 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: December 23, 2015 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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