Weaver v. Kendall

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 05/25/17 ORDERING that the Clerk of the Court is directed to assing a district judge to this case. U.S. District Judge Garland E. Burrell randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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No. 2:17-cv-0776 DB P

Plaintiff,
ORDER AND FINDINGS AND
RECOMMENDATIONS

v.
KENDALL,
Defendant.

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By an order filed April 14, 2017, plaintiff was ordered to file a completed in forma

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pauperis affidavit and a certified copy of his prison trust account statement, and was cautioned

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that failure to do so would result in a recommendation that this action be dismissed. The thirty

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day period has now expired, and plaintiff has not responded to the court’s order and has not filed

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the required documents.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district 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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 25, 2017

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DLB:9
DLB1/prisoner-civil rights/Weav0776.fifp

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