Mills v. People of the State of California

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/4/15 ORDERING that the Clerk randomly assign a United StatesDistrict Judge to this case. It is hereby RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK D. MILLS, Sr.,

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Petitioner,

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No. 2:14-cv-2638-EFB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner is a county prisoner proceeding without counsel without counsel seeking a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. On December 22, 2014, the court ordered

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petitioner to, within 30 days, pay the $5.00 filing fee required by 28 U.S.C. § 1914(a) or request

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leave to proceed in forma pauperis and submit the affidavit and trust account statement required

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by 28 U.S.C. § 1915(a). That order warned petitioner that failure to comply with the order would

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result in a recommendation of dismissal. The time for acting has passed and petitioner has not

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paid the filing fee, requested leave to proceed in forma pauperis, or otherwise responded to the

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court’s order.
Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States

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District Judge to this case.

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Further, 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 fourteen days

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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 served and filed 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. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 4, 2015.

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