Downs v. California Attorney General

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/6/13 ORDERING that the Clerk of the Court assign a district court judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GREGORY DOWNS,

11
12
13

Plaintiff,

No. 2:12-cv-3057 CKD P

vs.
CALIFORNIA ATTORNEY
GENERAL, et al.,

14

ORDER AND

15

Defendants.

16

FINDINGS AND RECOMMENDATIONS
/

17

By an order filed December 26, 2012, plaintiff was ordered to file an application

18

to proceed in forma pauperis or pay the filing fee within thirty days. He was cautioned that

19

failure to do so would result in a recommendation that this action be dismissed. The thirty day

20

period has now expired, and plaintiff has not responded to the court’s order.

21
22

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

23
24
25
26

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
1

1

days after being served with these findings and recommendations, plaintiff may file written

2

objections with the court. Such a document should be captioned “Objections to Magistrate

3

Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections

4

within the specified time may waive the right to appeal the District Court’s order. Martinez v.

5

Ylst, 951 F.2d 1153 (9th Cir. 1991).

6

Dated: February 6, 2013

7

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10
11

1
down3057.fifp

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2