Walton v. Sacramento District Court

Filing 6

[F&R'S VACATED PURSUANT TO 12/21/09 ORDER]ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/15/09 ORDERING the clerk to randomly assign a US District Judge to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 20 days. (Yin, K) Modified on 10/16/2009 (Yin, K). Modified on 12/22/2009 (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 vs. SACRAMENTO DISTRICT COURT, Respondent. / Petitioner is a prisoner proceeding without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1). On August 7, 2009, the court found that petitioner had failed to pay the filing fee required by 28 U.S.C. § 1914(a) or a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Petitioner was granted thirty days in which to pay the filing fee or file an application to proceed in forma pauperis and was warned plaintiff that failure to comply would result in a recommendation that this action be dismissed. The 30-day period has expired and petitioner has not paid the filing fee, filed a completed in forma pauperis application or complaint, or otherwise responded to the court's order. ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID M. WALTON, Petitioner, No. CIV S-09-1384 EFB P

ORDER AND FINDINGS AND RECOMMENDATIONS

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Accordingly, it is hereby ORDERED that the Clerk shall randomly assign a United States District Judge to this case; and It is hereby RECOMMENDED that this action be dismissed without 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 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: October 15, 2009.

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