(PC) Bontemps v. Pongyan et al, No. 2:2018cv03004 - Document 7 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/9/19 DIRECTING the clerk to randomly assign a district judge. District Judge John A. Mendez added. It is further RECOMMENDED that this action be Dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-3004-JAM-KJN (PC). (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 E. BONTEMPS, 12 13 14 15 No. 2:18-cv-3004 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS D. PONGYAN, et al., Defendants. 16 17 By an order filed December 6, 2018, plaintiff was ordered to pay, within twenty-one days, 18 the appropriate filing fee, and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. That time period has now expired, and plaintiff 20 has not paid the court’s filing fee, or otherwise responded to the court’s order. 21 22 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 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 9, 2019 5 6 /bont3004.fpf 7 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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