(PC) Keeton v. Royals, No. 2:2016cv01820 - Document 10 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/15/16 ORDERING that the Clerk randomly assign this case to a United States District Judge. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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(PC) Keeton v. Royals Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CANDICE KEETON, 12 13 14 15 No. 2:16-cv-1820-EFB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS ROYALS, Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On August 12, 2016, the court ordered plaintiff to, within 30 days, submit either 19 the filing fee or the application to proceed in forma pauperis required by § 1915(a). That order 20 warned plaintiff that failure to comply with the order would result in a recommendation of 21 dismissal. The time for acting has passed and plaintiff has not submitted the filing fee or an 22 application for leave to proceed in forma pauperis. 23 24 Accordingly, it is hereby ORDERED that the Clerk randomly assign this case to a United States District Judge. 25 Further, it is hereby RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: September 15, 2016. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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