(HC) Hernandez v. Warden, No. 2:2023cv00528 - Document 4 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/09/2023 DIRECTING the Clerk to assign a district court judge to this case. District Judge Dale A. Drozd and Magistrate Judge Carolyn K. Delaney assigned for a ll further proceedings. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0528 DAD CKD (HC). (Spichka, K.)
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(HC) Hernandez v. Warden Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO HERNANDEZ, 12 13 No. 2:23-cv-0528 CKD P Petitioner, v. ORDER AND 14 WARDEN, F.C.I. HERLONG, 15 Respondent. FINDINGS AND RECOMMENDATIONS 16 17 On March 24, 2023, the court ordered that petitioner pay the $5 filing fee for this action or 18 submit a completed application to proceed in forma pauperis within 30 days. Petitioner was 19 warned that failure to do so would result in a recommendation that this action be dismissed. 20 Petitioner has not complied with the March 24, 2023, order. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court 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, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: May 9, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 hern0528.frs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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