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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO HERRERA, 12 13 14 15 No. 2:17-cv-1278 KJN P Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS v. BLANDION, Defendant. 16 17 By an order filed June 29, 2017, plaintiff was ordered to file a completed in forma 18 pauperis affidavit or pay the required filing fee within thirty days, and was cautioned that failure 19 to do so would result in a recommendation that this action be dismissed. The thirty day period 20 has now expired, and plaintiff has not paid the filing fee or filed an in forma pauperis application, 21 or otherwise responded to the court’s order. 22 23 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 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: August 10, 2017 6 7 /herr1278.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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