Payne v. Lays et al

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/26/2017 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge 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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JENNIFER ANN PAYNE,

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Plaintiff,

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v.

No. 2:17-cv-2325 CKD P

ORDER AND

LIMON LAYS, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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On November 14, 2017, plaintiff was ordered to file a completed in forma pauperis

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application and a copy of her trust account statement within thirty days and was cautioned that

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failure to do so would result in dismissal. The thirty day period has now expired, and plaintiff has

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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: December 26, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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payn2325.fifp

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