Thomas v. Unknown

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/10/2016 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 Troy L. Nunley; Objections to F&R 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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GERALD THOMAS,

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No. 2:16-cv-1199 CKD P

Petitioner,
v.

ORDER &

UNKNOWN,

FINDINGS AND RECOMMENDATIONS
Respondent.

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By an order filed June 28, 2016, petitioner was ordered to either file an in forma pauperis

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affidavit or pay the appropriate filing fee within thirty days, or this action would be dismissed.

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The thirty day period has now expired, and petitioner has neither filed an in forma pauperis

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affidavit nor paid the appropriate filing fee.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district
judge to this action.
IT IS HEREBY 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, 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 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / thom1199.fpf.hab

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