(HC) Roberson v. Unknown

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/18/2020 RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 30 days. (Yin, K)

Case 2:20-cv-00956-JAM-DB Document 4 Filed 11/18/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY ROBERSON,

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Petitioner,

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No. 2:20-cv-0956 DB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

UNKNOWN,

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Respondent.

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Petitioner, a state prisoner at California State Prison, Corcoran, has filed a document

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styled as a motion to stay this action. (ECF No. 1.) No other pleadings have been filed by the

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petitioner. By order dated May 14, 2020, petitioner was directed to file an application to proceed

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in forma pauperis or pay the filing fee within thirty days and warned that failure to comply would

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result in a recommendation that this action be dismissed. (ECF No. 3.) Those thirty days have

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passed, and petitioner has not filed an application to proceed in forma pauperis, paid the filing

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fee, requested additional time to do so, or otherwise responded to the court’s order. Accordingly,

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the court will recommend that this action be dismissed for failure to prosecute and failure to

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comply with court orders. See Fed. R. Civ. P. 41(b); L.R. 110.

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In accordance with the above, the Clerk of the Court is ORDERED to randomly assign

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this action to a District Judge.

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Case 2:20-cv-00956-JAM-DB Document 4 Filed 11/18/20 Page 2 of 2
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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)(1). Within thirty (30) days

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after being served with these findings and recommendations, petitioner may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendations.” Petitioner is advised that failure to file object ions

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: November 18, 2020

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DB:12
DB:1/Orders/Prisoner/Habeas/robe0956.f&r.dism

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