Prestfield v. Sanchez et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/17/2011 ORDERING a district judge be assigned to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER PRESTFIELD,
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Plaintiff,
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No. CIV S-11-1774 GGH P
vs.
M. SANCHEZ, et al.
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ORDER and
Defendants.
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FINDINGS AND RECOMMENDATIONS
/
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By an order filed July 14, 2011, plaintiff was ordered to file an in forma pauperis
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affidavit and certified copy of his prison trust account statement within thirty days and was
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cautioned that failure to do so would result in a recommendation that this action be dismissed.
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On August 23, 2011, this court granted in part plaintiff’s motion for an extension of time to
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comply with the July 14, 2011 order, bringing his new deadline to October 19, 2011. The
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extended deadline has now expired, and plaintiff has not responded to the court’s order. Plaintiff
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has not filed an in forma pauperis affidavit and a certified copy of his prison trust account
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statement, or paid the appropriate filing fee.
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Good cause appearing, IT IS HEREBY ORDERED that a district judge be
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assigned to this case; and
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\\\\
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IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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days after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
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shall be served and filed within fourteen days after service of the objections. The parties are
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advised that failure to file objections within the specified time may waive the right to appeal the
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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: November 17, 2011
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:rb
pres1774.fifp
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