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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDGAR MARTINEZ, Sr.,

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Plaintiff,

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v.

No. 2:16-cv-2590 DB P

FINDINGS AND RECOMMENDATIONS

RIO CONSUMNES CORRECTIONAL
CENTER, et al.,
Defendants.

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By order filed December 20, 2016, plaintiff was ordered to show cause, within twenty

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days, why this action should not be dismissed for his failure to file a completed affidavit and a

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trust account statement in support of his request to proceed in forma pauperis. The twenty day

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period has now expired, and plaintiff has not shown cause or otherwise responded to the court’s

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order.

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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).

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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, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: January 19, 2017

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DLB:9
DLB1/prisoner-civil rights/Mart2590.fsc fr

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