Harris v. Virga et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/16/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 21 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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MARVIN HARRIS,
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Plaintiff,
No. CIV S-11-3322 CKD P
vs.
TOM VIRGA, et al.,
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ORDER and
Defendants.
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FINDINGS AND RECOMMENDATIONS
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By order filed January 4, 2012, plaintiff was ordered to show cause, within
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twenty-one days, why he is not barred from proceeding in forma pauperis under 28 U.S.C. §
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1915(g). The twenty-one day period has now expired, and plaintiff has not responded to the
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court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a
district judge to this case.
IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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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 twenty-
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one 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.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: February 16, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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harr3322.fsc
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