Weaver v. Kendall

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/31/17 ORDERING the Clerk of the Court randomly assign a District Judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this action. 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-1298 CKD P

Plaintiff,
v.

ORDER AND

KENDALL,

FINDINGS AND RECOMMENDATIONS
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 application or pay the filing fee within thirty days and was cautioned that failure to do so

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would result in a recommendation that this action be dismissed. The thirty day period has now

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expired, and plaintiff has not responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district
court 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 will be 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, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: August 31, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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weav1298.fifp

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