Brown v. Brown et al

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/19/14 ORDERING that Clerk is directed to randomly assign a District Judge to this action; it is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)

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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 DEXTER BROWN, 12 No. 2:14-cv-337-EFB P Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 EDMUND G. BROWN, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983.1 On February 6, 2014, the court ordered plaintiff to, within 30 days, either pay the 19 filing fee or submit a proper application for leave to proceed in forma pauperis. The court also 20 warned plaintiff that failure to comply with the order would result in a recommendation of 21 dismissal. The time for acting has passed and plaintiff has not paid the filing fee, filed an 22 application for leave to proceed in forma pauperis, or otherwise responded to the court’s order. Accordingly, it hereby is ORDERED that the Clerk of the Court randomly assign a United 23 24 States District Judge to this action. 25 ///// 26 27 28 1 Plaintiff did not respond to the court’s order directing him to complete and return the form indicating either his consent to jurisdiction of the magistrate judge or request for reassignment to a district judge. Accordingly, the clerk will be directed to randomly assign this case to a district judge. 1 1 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be served and filed within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: March 19, 2014. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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