(HC) Starr v. United States et al, No. 2:2016cv00589 - Document 15 (E.D. Cal. 2016)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/15/16 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M) Modified on 11/16/2016 (Plummer, M).
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(HC) Starr v. United States et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN GILLEN STARR, 12 13 14 15 No. 2:16-cv-0589 AC P Petitioner, ORDER AND FINDINGS AND RECOMMENDATIONS v. UNITED STATES, et al., Respondents. 16 17 By an order filed October 6, 2016, petitioner was ordered to file a completed in forma 18 pauperis affidavit and was cautioned that failure to do so would result in a recommendation that 19 this action be dismissed. The thirty day period has now expired, and petitioner has not responded 20 to the court’s order and has not filed the required document. 21 In addition to failing to comply with the court’s October 6, 2016 order, petitioner has 22 refused multiple mailings from the court. The October 6, 2016 order was served on petitioner’s 23 address of record and returned by the postal service with the notation that delivery had been 24 refused. The order was re-served on petitioner’s address of record on October 26, 2016 and has 25 not been returned. Petitioner is informed that refusal of court orders does not obviate his 26 responsibility to prosecute this action and comply with court orders. 27 28 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 1 Dockets.Justia.com 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty one days 4 after being served with these findings and recommendations, petitioner may file written 5 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 6 Findings and Recommendations.” Local Rule 304(d). Petitioner is advised that failure to file 7 objections within the specified time may waive the right to appeal the District Court’s order. 8 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: November 15, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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