Mosley v. Broyles
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/10/12: ORDERING that the Clerk of Court assign a district judge to this action. RECOMMENDING that this action be dismissed without prejudice. F&R referred to Judge John A. Mendez. Objections to F&R due by within fourteen days. (Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DERRICK MOSLEY,
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Plaintiff,
No. 2:12-cv-2681 CKD P
vs.
BROYLES,
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ORDER &
Defendant.
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FINDINGS AND RECOMMENDATIONS
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By an order filed November 2, 2012, plaintiff was ordered to file a completed in
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forma pauperis application within thirty days and was cautioned that failure to do so would result
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in a recommendation that this action be dismissed. The thirty day period has now expired, and
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plaintiff has not responded to the court’s order and has not filed a completed in forma pauperis
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application.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district
judge to this action.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without 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
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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: December 10, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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mosl2681.fifp
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