Stevens v. Fuchs et al

Filing 10

[VACATED PURSUANT TO 12 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/30/09 RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 20 days.(Dillon, M) Modified on 12/8/2009 (Yin, K).

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. MATT FUCHS, et al., Defendants. / By an order filed August 10, 2009, plaintiff was ordered to file a completed in forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty-day period has now expired, and plaintiff has not responded to the court's order and has not filed an in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. The Clerk of Court is directed to assign a district judge to this case. 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." Any reply to the objections 1 FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DONALD L. STEVENS, Plaintiff, No. CIV S-09-2111 GGH P

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shall be served and filed within ten days after service of the objections. The parties are 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: October 30, 2009 /s/ Gregory G. Hollows

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