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)

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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 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

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