Weaver v. Davisson

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/3/2017 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 John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIE WEAVER,

12

Plaintiff,

13
14

No. 2:17-cv-0500 CKD P

v.

ORDER &

HILARY K. DAVISSON,

15

FINDINGS & RECOMMENDATIONS

Defendant.

16
17
18

By an order filed March 15, 2017, plaintiff was ordered to either file a completed in forma

19

pauperis application or pay the filing fee within thirty days. Plaintiff was informed that failure to

20

do so would result in a recommendation that this action be dismissed. The thirty day period has

21

now expired, and plaintiff has not responded to the court’s order and has not filed a completed

22

application or paid the filing fee.

23
24

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

25

IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

26

Local Rule 110; Fed. R. Civ. P. 41(b).

27

////

28
1

1

These findings and recommendations are submitted to the United States District Judge

2

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

3

after being served with these findings and recommendations, plaintiff may file written objections

4

with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings

5

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

6

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

7

(9th Cir. 1991).

8

Dated: May 3, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13

2 / weav0500.fifp

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2