(PC) Payne v. Lays et al, No. 2:2017cv02325 - Document 5 (E.D. Cal. 2017)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/26/2017 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; 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 JENNIFER ANN PAYNE, 12 Plaintiff, 13 14 15 v. No. 2:17-cv-2325 CKD P ORDER AND LIMON LAYS, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On November 14, 2017, plaintiff was ordered to file a completed in forma pauperis 18 application and a copy of her trust account statement within thirty days and was cautioned that 19 failure to do so would result in dismissal. The thirty day period has now expired, and plaintiff has 20 not responded to the court’s order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations will be submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Findings and 28 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 1 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: December 26, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 payn2325.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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