(PC) Nelson, No. 2:2018cv00344 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/11/2018 ORDERING Clerk of Court to assign a district court judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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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 DEWAYNE NELSON, 12 13 14 15 No. 2:18-cv-0344 CKD P Plaintiff, v. ORDER AND UNKNOWN, FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On February 28, 2018, Mr. Nelson was ordered to file a complaint and to either file an 18 application to proceed in forma pauperis or pay the filing fee within 30 days. Mr. Nelson was 19 warned that failure to comply with the court’s order would result in a recommendation that this 20 action be dismissed. Mr. Nelson has not responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 after 27 being served with these findings and recommendations, plaintiff may file written objections with 28 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 3 1991). 4 Dated: April 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 1 nels0344.frs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2