Camou v. California Medical Facility

Filing 10

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/18/2013 DIRECTING the Clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CAMOU, 12 Plaintiff, 13 14 v. No. 2:13-cv-1031 CKD P ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA MEDICAL FACILITY, 15 Defendant. 16 On May 30, 2013, plaintiff was ordered to a file a request for leave to proceed in forma 17 18 pauperis and a complaint within 30 days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has not filed either a request to proceed in forma pauperis or a complaint.1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 21 22 court judge to this case; and 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 27 28 1 In a document filed by plaintiff on June 24, 2013, plaintiff indicates he would like to file a petition for writ of habeas corpus instead of a complaint. If that is the case, petitioner should initiate a new action. 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court and serve a copy on all parties. Such a document should be captioned “Objections 3 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: July 18, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 1 camo1031.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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