(PC) McElroy v. CHCF Chief Classifications Services et al, No. 2:2017cv01739 - Document 13 (E.D. Cal. 2017)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2017 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; 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 12 LATWAHN MCELROY, aka E.J. MCELROY, Plaintiff, 13 14 15 16 No. No. 2:17-cv-1739 KJN P ORDER AND FINDINGS AND RECOMMENDATIONS v. CHCF CHIEF CLASSIFICATIONS SERVICES, et al., Defendants. 17 18 By an order filed November 7, 2017, plaintiff was ordered to submit, within twenty-one 19 days from the date of this order, the appropriate filing fee, and was cautioned that failure to do so 20 would result in a recommendation that this action be dismissed. The twenty-one day period has 21 now expired, and plaintiff has not paid the filing fee or responded to the court’s order. 22 23 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 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.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: December 6, 2017 6 7 /mcel1739.fpf 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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