Williams v. Warden at CMF et al

Filing 5

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/11/11 ORDERING that a district judge be assigned to this case; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELBERT WILLIAMS,
Plaintiff,

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vs.

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No. 2:11-cv-2093 JFM (PC)

WARDEN AT CALIFORNIA
MEDICAL FACILITY,

ORDER AND

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Defendant.

FINDINGS AND RECOMMENDATIONS

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/
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By an order filed August 19, 2011, plaintiff was ordered to file an in forma
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pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that
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failure to do so would result in a recommendation that this action be dismissed. The thirty day
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period has now expired, and plaintiff has not responded to the court’s order and has not filed an
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in forma pauperis affidavit or paid the appropriate filing fee.
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Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this
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case; and
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IT IS HEREBY RECOMMENDED that this action be dismissed without
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prejudice.
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/////
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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, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Any response to the objections shall be filed and served

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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 11, 2011.

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/014;will2093.fifp

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