Mendez v. Macomber, et al

Filing 8

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/16/2014 ORDERING the Clerk to randomly assign a district court judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge William B. Shubb; Objections due within 21 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAXIMILLIANO MENDEZ,

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Plaintiff,

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No. 2:14-cv-02267 AC

v.

ORDER & FINDINGS AND
RECOMMENDATIONS

J. MACOMBER, et al.,

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Defendants.

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By an order filed October 27, 2014 (ECF No. 6) plaintiff was ordered to file an in forma

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pauperis affidavit within thirty days and was cautioned that failure to do so would result in a

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recommendation that this action be dismissed. The thirty day period has now expired, and

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

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IT IS HEREBY ORDERED that the Clerk randomly assign a district court judge to this

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case.

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IT IS HEREBY RECOMMENDED that this 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 twenty-one (21)

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days 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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DATED: December 16, 2014

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