(PC) Dean v. Dansby et al, No. 2:2018cv01776 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/26/2018 DENYING all pending 10 , 11 motions as moot and DIRECTING the Clerk to assign this case to a district court judge. 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 ALTON EUGENE DEAN, 12 Plaintiff, 13 14 v. ORDER AND TOMMY DANSBY, et al., 15 No. 2:18-cv-01776 CKD P FINDINGS AND RECOMMENDATIONS Defendants. 16 By an order filed October 15, 2018, plaintiff was ordered to pay the filing fee within 17 twenty-eight days and was cautioned that the failure to do so would result in a recommendation 18 that this action be dismissed. The twenty-eight day period has now expired, and plaintiff has 19 failed to pay the filing fee and comply with the court’s order. 20 Accordingly, IT IS HEREBY ORDERED THAT: 21 1. All pending motions (ECF Nos. 10, 11) are denied as moot; and, 22 2. The Clerk of Court is directed to randomly assign this case to a district court judge. 23 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See 24 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 days 27 after being served with these findings and recommendations, any party may file written 28 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: November 26, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 12/dean1776.fifp.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 2