(PC)Bontemps v. Jensen, No. 2:2018cv02321 - Document 5 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/12/18 DIRECTING the clerk to randomly assign a district judge. District Judge William B. Shubb added. It is further RECOMMENDED that this actions be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-2321-WBS-KJN.(Coll, A)

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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 GREGORY C. BONTEMPS, 12 13 14 No. 2:18-cv-2321 KJN P Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS v. J. JENSEN, 15 Defendant. 16 17 By an order filed August 30, 2018, plaintiff was ordered to file, within thirty days, an in 18 forma pauperis affidavit, or pay the court’s filing fee, and was cautioned that failure to do so 19 would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not responded to the court’s order and has not filed the required 21 documents. 22 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 12, 2018 6 7 /bont2321.fpf 8 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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