Mix v. Ahlin

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/26/2015 ORDERING the Clerk to assign a district judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MIX,

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Plaintiff,

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No. 2:15-cv-0524 DAD P

v.

ORDER &

PAM AHLIN,

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FINDINGS AND RECOMMENDATIONS
Defendant.

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Plaintiff, a civil detainee at Coalinga State Hospital proceeding pro se, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983, together with an application for leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915.
By order filed March 23, 2015, plaintiff was ordered to file an in forma pauperis affidavit

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on the form used by this district or else pay the appropriate filing fees within thirty days.1

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Plaintiff was also cautioned that his failure to do so would result in a recommendation that this

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action be dismissed. More than five months have passed, and plaintiff has not filed an in forma

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pauperis affidavit on the required form, paid the appropriate filing fee, or otherwise responded to

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the court’s order.

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/////

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The Clerk of the Court was directed to mail plaintiff a blank Application to Proceed In Forma
Pauperis By a Prisoner. (See ECF No. 4 at 2.)
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Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of the Court shall
assign a district judge in this action.

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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 filed and served 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. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 26, 2015

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DAD:10
mix0524.fifp

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