Murdaugh v. Beard

Filing 5

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/20/14 ORDERING the clerk randomly assign a district court judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, 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 DENNIS MURDAUGH, 12 Plaintiff, 13 14 No. 2:14-cv-1922 AC P v. ORDER AND FINDINGS AND RECOMMENDATIONS JEFFEREY BEARD, 15 Defendant. 16 By Order filed August 27, 2014 plaintiff was directed to file an in forma pauperis affidavit 17 18 or paid the appropriate filing fee within thirty days and was cautioned that failure to do so would 19 result in a recommendation that this action be dismissed. ECF No. 4. The thirty-day period has 20 now expired, and plaintiff has not responded to the court’s order and has not filed an in forma 21 pauperis affidavit or paid the appropriate filing fee. IT IS HEREBY ORDERED that the Clerk randomly assign a district court judge to this 22 23 case. 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 DATED: October 20, 2014 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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