Dotson v. Baugham

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2017 ORDERING Clerk of Court 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 due within 14 days after being served with these findings and recommendations. (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 ERNEST DOTSON, 12 No. 2:17-cv-2223 KJN P Petitioner, 13 v. 14 D. BAUGHAM, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner is a former state prisoner. By an order filed November 1, 2017, petitioner was 18 ordered to file an in forma pauperis affidavit or to pay the appropriate filing fee, within thirty 19 days, or his application would be dismissed. The thirty day period has now expired, and 20 petitioner has not responded to the court’s order, has not filed an in forma pauperis affidavit, and 21 has not paid the appropriate filing fee. 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 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, petitioner may file written 28 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: December 6, 2017 5 6 dots2223.fpf.hab 7 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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