Ferris v. Commissioner of Social Security

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/4/14: ORDERING that the Clerk shall randomly assign a district court judge to this case. RECOMMENDING that this action be dismissed without prejudice. Objections to F&R due Within fourteen days. Case ssigned to district Judge Kimberly J. Mueller. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN WILLIAM FERRIS, V,

12
13
14
15
16

No. 2:14-cv-02569 AC

Plaintiff,
v.

ORDER AND

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

FINDINGS AND RECOMMENDATIONS

Defendant.

17

By an order filed November 5, 2014 plaintiff was ordered to file either a proper in forma

18

pauperis affidavit or pay the appropriate filing fee within twenty days. ECF No. 3. Plaintiff was

19

cautioned that failure to do so would result in a recommendation that this action be dismissed. Id.

20

The twenty day period has now expired, and plaintiff has not responded to the court’s order and

21

has not filed an in forma pauperis affidavit or paid the appropriate filing fee.

22
23

Accordingly, IT IS HEREBY ORDERED that the Clerk randomly assign a district court
judge to this case; and

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 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 reply to the objections

2

shall be served and filed within fourteen days after service of the objections. The parties are

3

advised that failure to file objections within the specified time may waive the right to appeal the

4

District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

5

DATED: December 4, 2014

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2