McElroy v. CHCF Chief Classifications Services et al

Filing 13

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2017 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; 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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LATWAHN MCELROY, aka E.J.
MCELROY,
Plaintiff,

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No. No. 2:17-cv-1739 KJN P
ORDER AND FINDINGS AND
RECOMMENDATIONS

v.
CHCF CHIEF CLASSIFICATIONS
SERVICES, et al.,
Defendants.

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By an order filed November 7, 2017, plaintiff was ordered to submit, within twenty-one

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days from the date of this order, the appropriate filing fee, and was cautioned that failure to do so

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would result in a recommendation that this action be dismissed. The twenty-one day period has

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now expired, and plaintiff has not paid the filing fee or 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: December 6, 2017

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/mcel1739.fpf

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