Dukes v. Pininer et al

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/06/09 Ordering the clerk of the court shall randomly assign a U.S. District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 20 days. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 1 vs. R. PININER, et al., Respondents. / By an order filed November 13, 2008, petitioner was ordered to file an in forma pauperis affidavit or to pay the appropriate filing fee, within thirty days. Petitioner was admonished that failure to do so would result in a recommendation for dismissal of this action. The thirty day period has now expired, and petitioner has not responded to the court's order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; IT IS HEREBY RECOMMENDED that this action be dismissed without ORDER AND FINDINGS AND RECOMMENDATIONS MELVIN DUKES, Petitioner, No. CIV S-08-2347 DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: January 6, 2009.

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