Colbert v. Peery
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/15/16 RECOMMENDING that the Clerk of the Court Assign a district court judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge William B. Shubb; 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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LEROY JAMES COLBERT,
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Petitioner,
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v.
No. 2:16-cv-1823 CKD P
ORDER AND
S. PEERY,
FINDINGS AND RECOMMENDATIONS
Respondent.
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On August 8, 2016, petitioner was ordered to file a request to proceed in forma pauperis
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or pay the filing fee for this action within thirty days. Petitioner was warned that failure to
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comply with that order would result in dismissal. The thirty day period has now expired, and
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petitioner has not complied with the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court Assign a district
court judge to this case; and
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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, 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: September 15, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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colb1823.fifp
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