Barger v. CDCR

Filing 12

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/25/15 ORDERING the clerk of court assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 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 12 GARY DALE BARGER, aka GARY FISHER, Plaintiff, 13 14 15 No. 2:14-cv-2311 DAD P ORDER AND v. FINDINGS & RECOMMENDATIONS DIRECTOR OF OPS OF CDCR, Defendant. 16 17 By order filed December 3, 2014, plaintiff was ordered to pay the appropriate filing fees 18 within thirty days and was cautioned that failure to do so would result in a recommendation that 19 this action be dismissed. The thirty day period has now expired, and plaintiff has not paid the 20 appropriate filing fee. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this action. Further, 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 fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: February 25, 2015 6 7 8 DAD:10 barg2311.fifp 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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