(PC) Eckland v. Dunn et al, No. 2:2018cv01979 - Document 10 (E.D. Cal. 2021)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/12/2021 ORDERING the Clerk to randomly assign a District Judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)
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(PC) Eckland v. Dunn et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARNOLD RAY ECKLUND, 12 Plaintiff, 13 14 No. 2:18-cv-1979 AC P v. ORDER AND FINDINGS AND RECOMMENDATIONS DUNN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 6, 2021, plaintiff was ordered to file a completed in forma pauperis affidavit, 20 21 and he was cautioned that failure to do so would result in a recommendation that this action be 22 dismissed. See ECF No. 9. At that time, plaintiff was given thirty days within which to comply. 23 See id. at 2. The thirty-day period has now expired, and plaintiff has not filed the required 24 document, nor has he responded to the court’s order in any way. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 25 26 District Court Judge to this case. 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 twenty-one days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: November 12, 2021 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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