Randall v. Unknown

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/27/15 ORDERING that the Clerk assign a district judge to this case; RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, 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 VIRGIL DOUGLAS RANDALL, 12 Petitioner, 13 14 No. 2:15-cv-0012 KJN P v. ORDER and FINDINGS AND RECOMMENDATIONS UNKNOWN, 15 Respondents. 16 By an order filed January 14, 2015, petitioner was ordered to file an in forma pauperis 17 18 affidavit or to pay the appropriate filing fee, within thirty days, or his application would be 19 dismissed. The thirty day period has now expired, and petitioner has not responded to the court’s 20 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk assign a district judge to this case. 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, petitioner may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 27 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 28 ///// 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: February 27, 2015 4 5 /rand0012.fpf 6 7 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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