Edwards v. Swarthout

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 04/12/10. ORDERING that the clerk randomly assign this case to a District Judge. RECOMMENDING that this action be dismissed without prejudice. Objections to F&R's due within 21 days. (Williams, D)

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 twenty1 District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without vs. GARY SWARTHOUT, Respondent. / By an order filed March 1, 2010, petitioner was granted an extension of time and ordered to file an application requesting leave to proceed in forma pauperis within thirty days. Petitioner was previously advised that his failure to comply with the court's order would result in the dismissal of this action. The thirty day period has now expired, and petitioner has not responded to the court's order and has not filed an in forma pauperis affidavit. Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a ORDER AND FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LARRY D. EDWARDS, Petitioner, No. CIV S-10-0031 DAD P

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one days after being served with these findings and recommendations, petitioner may file written objections with the court. Such a 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: April 12, 2010.

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