(HC) Rivera-Almodovar v. Warden, No. 2:2023cv00644 - Document 5 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/08/2023 DIRECTING the Clerk to assign a district judge to this case. Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney assigned for all further proceedings. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0644 KJM CKD (HC). (Spichka, K.)
Download PDF
<![CDATA[
(HC) Rivera-Almodovar v. Warden Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO RIVERA-ALMODOVAR, 12 13 14 No. 2:23-cv-0644 CKD P Petitioner, v. ORDER AND WARDEN, FCI HERLONG, 15 FINDINGS AND RECOMMENDATIONS Respondents. 16 17 On April 21, 2023, petitioner was ordered to file a new application to proceed in forma 18 pauperis or pay the filing fee within thirty days and was cautioned that failure to do so would 19 result in a recommendation that this action be dismissed. The thirty-day period has now expired, 20 and petitioner has not responded to the court’s order. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 22 court judge to this case and IT IS HEREBY RECOMMENDED that this action be dismissed 23 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: June 8, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 rive0644.fpf.hab 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
