Ngissah v. Shelton

Filing 6

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/15/2015 DIRECTING the Clerk to randomly assign a US District Judge to this action; AND RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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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 FRANCIS AMITEYE NGISSAH, 12 13 14 15 No. 2:15-cv-0557 DAD P Plaintiff, v. ORDER AND OFFICER SHELTON et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By an order filed March 23, 2015, plaintiff was granted thirty days in which to file a civil 18 rights complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of 19 Civil Procedure, and the Local Rules of Practice. Plaintiff was also ordered to file a complete in 20 forma pauperis affidavit or pay the appropriate filing fee within thirty days. The court cautioned 21 plaintiff that failure to comply with the order would result in a recommendation for dismissal of 22 this action without prejudice. The thirty-day period has now expired, and plaintiff has not 23 complied with the court’s order or otherwise responded to it. 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 Dated: May 15, 2015 7 8 9 DAD:9 ngis0557.nocompl(2) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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