Dupont v. Singh

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/13/13 ORDERING that the Clerk of the Court is directed to randomly assign this case to a District Judge. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and 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

DANIEL DuPONT,
Petitioner,

11
12
13

No. 2:13-cv-00606 DAD P

vs.
V. SINGH,

ORDER AND
Respondent.

14

FINDINGS & RECOMMENDATIONS
/

15

By an order filed April 4, 2013, petitioner was ordered to submit the appropriate

16
17

filing fee or file an application to proceed in forma pauperis within thirty days and was cautioned

18

that failure to do so would result in the dismissal of this action. The thirty day period has now

19

expired, and petitioner has not responded to the court’s order and has not submitted the filing fee

20

or filed an application to proceed in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to

21
22

randomly assign this case to a District Judge.
Also, 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.” Any response to the objections shall be filed within fourteen

4

days after service of the objections. Petitioner is advised that failure to file objections within the

5

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

6

F.2d 1153 (9th Cir. 1991).

7

DATED: May 13, 2013.

8
9
10
11

DAD:4
dupo606.fifp

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