Bontemps v. Bayne, et al

Filing 30

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/27/2013 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,

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No. 2:12-cv-2791 CKD P

v.

ORDER AND

RON BAYNE, et al.,

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FINDINGS & RECOMMENDATIONS

Defendants.

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By an order filed July 18, 2013, plaintiff was found to be a “three strikes” litigant and was

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ordered to pay the $350.00 filing fee for this action within twenty-one days or face dismissal of

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this action. (ECF No. 24.) The twenty-one day period has now expired, and plaintiff has not

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responded to the court’s order or paid the filing fee. Thus the court will recommend that this

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action be dismissed without prejudice.1

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/////

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Defendants have late-filed a statement of consent pursuant to 28 U.S.C. § 636(c), purportedly
reserving the right to withdraw consent if this case is reassigned to another magistrate judge.
(ECF 27.) Section 636(c) is not a mechanism for the parties to consent to a particular magistrate
judge, and consent to magistrate jurisdiction pursuant to this section may be withdrawn only upon
a showing of good cause.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to
this case.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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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 response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 27, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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