Rasheed v. Department of Corrections and Rehabilitation et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 4/28/2010 ORDERING that that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. It is recommending that this action be dismissed without prejudice. Objections due within 21 days after being served with these findings and recommendations. (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / On March 17, 2010, plaintiff was ordered to file an in forma pauperis application within thirty days. He 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 filed an in forma pauperis application or otherwise responded to the court's order. Accordingly, IT HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 twentyone days after being served with these findings and recommendations, any party may file written 1 FINDINGS AND RECOMMENDATIONS vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., ORDER AND IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TAHEE ABD'RASHEED Plaintiff, No. CIV S-09-3560 DAD P

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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." Plaintiff 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: April 28, 2010.

DAD:sj rash3560.fifp

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