(PC) Bontemps v. Lawaya, No. 2:2016cv02424 - Document 14 (E.D. Cal. 2018)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/30/2018 ORDERING the Clerk to assign a district court judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R 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 GREGORY C. BONTEMPS, 12 Plaintiff, 13 14 No. 2:16-cv-2424 CKD P v. ORDER AND M. LAWAYA, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 On February 6, 2017, the court ordered that plaintiff pay the $400 filing fee for this action 18 within 14 days. Plaintiff was warned that failure to pay the filing fee within 14 days would result 19 in dismissal. Plaintiff has not paid the filing fee.1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 20 21 court judge to this case; and 22 ///// 23 ///// 24 25 26 27 28 1 This court dismissed this case on May 3, 2017 for plaintiff’s failure to pay the filing fee since plaintiff consented to magistrate judge jurisdiction on October 19, 2016. See 28 U.S.C. § 636(c). The Ninth Circuit reversed that dismissal pursuant to Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017) (magistrate judges do not have authority to dismiss cases unless all nameddefendants who have not been dismissed have also consented regardless of whether they have appeared in an action, been served with process or screened in pursuant to 28 U.S.C. § 1915A(a)). 1 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 the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, plaintiff may file written objections 5 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 6 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 7 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 8 (9th Cir. 1991). 9 Dated: April 30, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 1 bont2424.fee 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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