(HC) Bontemps v. The People of the State of CA, No. 2:2022cv01741 - Document 5 (E.D. Cal. 2022)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/28/2022 DIRECTING the clerk to assign a district judge to this case. District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman assigned to this case for all further proceedings. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-1741 TLN KJN (HC). (Spichka, K.)
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(HC) Bontemps v. The People of the State of CA Doc. 5 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 Petitioner, 13 14 15 16 v. No. 2:22-cv-1741 KJN P ORDER and FINDINGS AND RECOMMENDATIONS THE PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 17 18 By an order filed October 14, 2022, petitioner was ordered to file an in forma pauperis 19 affidavit or to pay the appropriate filing fee, within thirty days, or his application would be 20 dismissed. The thirty-day period has now expired, and petitioner has not responded to the court’s 21 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 24 IT IS 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, petitioner may file written 28 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: November 28, 2022 5 6 /bont1741.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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