Winfield v. Sighin

Filing 4

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/5/2012 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 John A. Mendez; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL WINFIELD, Petitioner, 11 12 vs. 13 No. 2:12-cv-0895 KJN P SIGHIN, Warden, ORDER AND Respondent. 14 FINDINGS & RECOMMENDATIONS / 15 By an order filed April 25, 2012, petitioner was ordered to file an in forma 16 17 pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his application would 18 be dismissed. The thirty day period has now expired, and petitioner has not responded to the 19 court’s order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing 20 fee. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the 21 22 Court is directed to assign a district judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without 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 1 days after being served with these findings and recommendations, petitioner may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge's 3 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: June 5, 2012 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 winf0895.fpf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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