Martinez v. Rio Consumnes Correctional Center et al

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/19/17 ORDERING the Clerk to assign a District Judge to this case. 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDGAR MARTINEZ, Sr., 12 Plaintiff, 13 14 15 v. No. 2:16-cv-2590 DB P FINDINGS AND RECOMMENDATIONS RIO CONSUMNES CORRECTIONAL CENTER, et al., Defendants. 16 17 18 By order filed December 20, 2016, plaintiff was ordered to show cause, within twenty 19 days, why this action should not be dismissed for his failure to file a completed affidavit and a 20 trust account statement in support of his request to proceed in forma pauperis. The twenty day 21 period has now expired, and plaintiff has not shown cause or otherwise responded to the court’s 22 order. 23 24 25 26 Because plaintiff has not consented to the jurisdiction of the undersigned, the Clerk of the Court IS HEREBY ORDERED to assign a district judge to this case. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 Dated: January 19, 2017 7 8 9 10 DLB:9 DLB1/prisoner-civil rights/Mart2590.fsc fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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