Roots v. State of California

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/5/16 ORDERING that the Clerk of the Court is directed to randomly assign a District Judge to this action. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; 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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DONALD ROOTS,

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No. 2:16-cv-1182 KJN P

Petitioner,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

STATE OF CALIFORNIA,
Respondent.

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By order filed June 2, 2016, petitioner was ordered to file an in forma pauperis affidavit or

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pay the appropriate filing fee within thirty days. Petitioner was warned that failure to comply

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with the court’s order would result in a recommendation that this action be dismissed. (ECF No.

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3 at 1.) More than thirty days from that date have now passed, and petitioner has not filed an in

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forma pauperis affidavit, paid the filing fee, or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a District Judge to this action.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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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, petitioner may file written
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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Petitioner is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: August 5, 2016

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root1182.dlop

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