(PC) Mehmood v. Chavez et al, No. 2:2015cv01695 - Document 5 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/22/2015 DIRECTING 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 John A. Mendez; 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 YASIR MEHMOOD, 12 13 14 No. 2:15-cv-1695 CKD P Plaintiff, v. ORDER AND MICHAEL CHAVEZ, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By an order filed August 13, 2015, plaintiff was ordered to file a completed in forma 18 pauperis application within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. (ECF No. 4.) The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order or filed a completed application. 21 Accordingly, the undersigned will recommend that this action be dismissed without prejudice. 22 23 IT IS HEREBY ORDERED that the Clerk of Court is directed to assign a district judge to this action. 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: September 22, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2 / mehm1695.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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