Winfield v. Virga

Filing 5

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/27/2012 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 Morrison C. England, Jr.; 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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PAUL WINFIELD,
Petitioner,

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No. 2:12-cv-1006 KJN P

vs.
TIM V. VIRGA, Warden,

ORDER AND

Respondents.

FINDINGS & RECOMMENDATIONS
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By an order filed April 20, 2012, petitioner was ordered to file an in forma

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pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his application would

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be dismissed. On May 14, 2012, petitioner’s copy of the order was returned as undeliverable.

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On May 16, 2012, the order was re-served on petitioner. Thirty days from that re-service have

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now passed, and petitioner has not responded to the court's order, has not filed an in forma

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pauperis affidavit, and has not paid the appropriate filing fee.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the
Court is directed to assign a district judge to this case; and

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IT IS 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, petitioner 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.” Petitioner 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: June 27, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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winf1006.fpf

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