(PC) Winfield v. Elsaid et al, No. 2:2018cv01838 - Document 9 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/18/2019 ORDERING Clerk of Court 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 due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 PAUL WINFIELD, 10 11 12 13 No. 2:18-cv-1838 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS DR. ELSAID, et al., Defendant. 14 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 16 U.S.C. § 1983. By order dated November 28, 2018, plaintiff was ordered to file a completed in 17 forma pauperis affidavit and a certified copy of his prison trust account statement, and was 18 cautioned that failure to do so would result in a recommendation that this action be dismissed. 19 (ECF No. 7.) Those thirty days have passed, and plaintiff has not filed the required documents, 20 paid the filing fee, or otherwise responded to the court’s order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are 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, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be filed and served within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: January 18, 2019 5 6 7 8 DLB:12 DLB:1/Orders/Prisoner/Civil.Rights/winf1838.fifp 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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