Ellis v. Keener et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/20/13 ORDERING the clerk of the court make a random assignment of a district judge to this case. U.S. District Judge John A. Mendez randomly assigned to this case. Also, RECOMMENDING that that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ELLIS,

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No. 2:13-cv-1299 AC P
Plaintiff,

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v.

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KEENER, et al.,

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FINDINGS AND RECOMMENDATIONS &
ORDER
Defendants.

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By an order filed July 9, 2013 plaintiff was ordered to file an in forma pauperis affidavit

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or pay the appropriate filing fees within thirty days and was cautioned that failure to do so would

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result in a recommendation that this action be dismissed. The thirty day period has now expired,

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and plaintiff has not responded to the court’s order and has not filed an in forma pauperis affidavit

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or paid the appropriate filing fee. Accordingly, IT IS HEREBY RECOMMENDED that this

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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 filed and served 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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IT IS ORDERED that the Clerk of the Court make a random assignment of a district judge

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to this case.

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DATED: August 20, 2013

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AC:009/dd
elli1299.fifp

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