(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)

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Case 2:20-cv-00956-JAM-DB Document 4 Filed 11/18/20 Page 1 of 2 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY ROBERSON, 11 Petitioner, 12 13 No. 2:20-cv-0956 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS UNKNOWN, 14 Respondent. 15 16 Petitioner, a state prisoner at California State Prison, Corcoran, has filed a document 17 styled as a motion to stay this action. (ECF No. 1.) No other pleadings have been filed by the 18 petitioner. By order dated May 14, 2020, petitioner was directed to file an application to proceed 19 in forma pauperis or pay the filing fee within thirty days and warned that failure to comply would 20 result in a recommendation that this action be dismissed. (ECF No. 3.) Those thirty days have 21 passed, and petitioner has not filed an application to proceed in forma pauperis, paid the filing 22 fee, requested additional time to do so, or otherwise responded to the court’s order. Accordingly, 23 the court will recommend that this action be dismissed for failure to prosecute and failure to 24 comply with court orders. See Fed. R. Civ. P. 41(b); L.R. 110. 25 In accordance with the above, the Clerk of the Court is ORDERED to randomly assign 26 this action to a District Judge. 27 //// 28 //// 1 Case 2:20-cv-00956-JAM-DB Document 4 Filed 11/18/20 Page 2 of 2 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty (30) days 4 after being served with these findings and recommendations, petitioner may file written 5 objections with the court. Such a document should be captioned “Objections to Magistrate 6 Judge’s Findings and Recommendations.” Petitioner is advised that failure to file object ions 7 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: November 18, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DB:12 DB:1/Orders/Prisoner/Habeas/robe0956.f&r.dism 24 25 26 27 28 2

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