(PC)Henderson v. California Medical Facility, No. 2:2021cv00790 - Document 5 (E.D. Cal. 2021)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/17/21 ORDERING the Clerk of the Court is directed to assign a District Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
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(PC)Henderson v. California Medical Facility Doc. 5 Case 2:21-cv-00790-WBS-KJN Document 5 Filed 06/17/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERBERT HENDERSON, 12 Plaintiff, 13 14 15 v. No. 2:21-cv-0790 KJN P ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA MEDICAL FACILITY, Defendants. 16 17 By an order filed May 5, 2021, plaintiff was ordered to submit, within thirty days, a 18 request to proceed in forma pauperis or pay the required filing fee, and was cautioned that failure 19 to do so would result in a recommendation that this action be dismissed. The thirty day period 20 has now expired, and plaintiff has not responded to the court’s order and has not filed the required 21 document or paid the filing fee. 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, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned “Objections 1 Dockets.Justia.com Case 2:21-cv-00790-WBS-KJN Document 5 Filed 06/17/21 Page 2 of 2 1 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: June 17, 2021 5 6 7 /hend0790.fifp 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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