(HC) Mills v. California Department of Corrections, No. 2:2018cv01837 - Document 6 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/27/2018 ORDERING Clerk of Court to randomly assign a U.S. District Judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
Download PDF
<![CDATA[
(HC) Mills v. California Department of Corrections Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WAYNE MILLS, 12 Petitioner, 13 14 15 No. 2:18-cv-1837 AC P v. ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent. 16 17 By an order filed July 2, 2018, petitioner was ordered to file an in forma pauperis 18 application or pay the appropriate filing fee and he was warned that failure to do so would result 19 in a recommendation that his application be dismissed. ECF No. 3. Petitioner failed to file an 20 application or pay the fee and was given an additional twenty-one days to comply with the July 2, 21 2018 order. ECF No. 4. He was warned that failure to comply would result in a recommendation 22 that the action be dismissed, without further warning. Id. The twenty-one days have now passed 23 and petitioner has not responded to the court’s order, has not filed an in forma pauperis 24 application, and has not paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 25 26 assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 27 28 //// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, petitioner may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: September 27, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
