Weaver v. Williams

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/25/2017 ORDERING Clerk of Court to assign a District Judge to this action and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Within 14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Henshaw, R)

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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 13 14 No. 2:17-cv-0786 CKD P Plaintiff, v. ORDER & FINDINGS & RECOMMENDATIONS WILLIAMS, 15 Defendant. 16 17 By an order filed April 18, 2017, plaintiff was ordered to either file a completed in forma 18 pauperis application or pay the filing fee within thirty days. Plaintiff was informed that failure to 19 do so would result in a recommendation that this action be dismissed. The thirty day period has 20 now expired, and plaintiff has not responded to the court’s order and has not filed a completed 21 application or paid the filing fee. 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: May 25, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 12/weav0786.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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