Herrera v. Blandion

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/10/2017 DIRECTING the Clerk to assign a District Judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,

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No. 2:17-cv-1278 KJN P

Plaintiff,
ORDER AND FINDINGS AND
RECOMMENDATIONS

v.
BLANDION,
Defendant.

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By an order filed June 29, 2017, plaintiff was ordered to file a completed in forma

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pauperis affidavit or pay the required filing fee within thirty days, and was cautioned that failure

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

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has now expired, and plaintiff has not paid the filing fee or filed an in forma pauperis application,

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or otherwise responded to the court’s order.

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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: August 10, 2017

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/herr1278.fifp

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