Holmes v. Starr et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/19/20 ORDERING the Clerk of Court randomly assign a District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. 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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KEVIN HOLMES,

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No. 2:18-cv-0446 AC P

Plaintiff,
v.

ORDER and

MELBA STARR, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff Kevin Holmes is a former state prisoner proceeding pro se with a civil rights

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complaint. By order filed July 14, 2020, this court directed plaintiff to submit a non-prisoner

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application to proceed in forma pauperis or pay the filing fee within thirty days. See ECF No. 7.

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The court cautioned that “[f]ailure of plaintiff to timely comply with this order will result in a

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recommendation that this action be dismissed without prejudice.” Id. at 2. The thirty-day period

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

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a
district judge to this action.
Further, 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 (14)
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days after service of these findings and recommendations, petitioner may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: August 19, 2020

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