Kirk v. McDonailds et al

Filing 6

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/15/2011 ORDERING the clerk to assign a district court judge to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days. (Yin, K)

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-GGH (TEMP)(PC) Kirk v. McDonailds et al Doc. 6 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 fourteen 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN MICHAEL KIRK, Plaintiff, vs. MCDONAILDS, et al., Defendants. / By an order filed January 19, 2011, plaintiff was ordered to file a completed in forma pauperis affidavit and a certified copy of his prison trust account statement 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. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without ORDER AND FINDINGS AND RECOMMENDATIONS No. CIV S-10-3350 GGH (TEMP) P 1 2 3 4 5 6 7 8 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 shall be served and filed within fourteen 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: March 15, 2011 /s/ Gregory G. Hollows 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:035 kirk3350.fifp

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