Lynn v. California Department of Corrections and Rehabilitation and Employees

Filing 20

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 ORDERING the clerk of the court shall appoint a district judge to this action. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. 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 CALVIN S. LYNN, 12 13 14 15 16 No. 2:14-cv-2690 KJN P Plaintiff, v. ORDER & CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND EMPLOYEES, FINDINGS AND RECOMMENDATIONS Defendants. 17 18 By an order filed March 4, 2015, plaintiff was ordered to file an in forma pauperis 19 affidavit within thirty days and was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. The thirty day period has now expired, and 21 plaintiff has neither responded to the court’s order nor filed an in forma pauperis affidavit. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge in this action. 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 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: May 12, 2015 6 7 /lynn2690.fifp 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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