(PC) Tanksley v. Campa et al, No. 2:2017cv01271 - Document 9 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/31/2018 DIRECTING the Clerk to randomly assign a U.S. District Judge to this case. District Judge Troy L. Nunley assigned to this case. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Fabillaran, J)
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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 MOODY WOODROW TANKSLEY, 12 Plaintiff, 13 14 No. 2:17-cv-01271 CKD P v. ORDER AND FINDINGS AND RECOMMENDATIONS SHERIFF CAMPA, et al., 15 Defendants. 16 Plaintiff is a Sacramento County inmate proceeding without counsel in this action brought 17 18 pursuant to 42 U.S.C. § 1983. On August 3, 2107, this court ordered plaintiff to file a completed 19 in forma pauperis application or pay the filing fee within thirty days and plaintiff was cautioned 20 that failure to do so would result in a recommendation that this action be dismissed without 21 prejudice. The thirty day period has now expired, and plaintiff has not responded to the court’s 22 order. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign this case to a district court judge. IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be served and filed within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 Dated: January 31, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 12/tank1271.fifp.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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