(HC) Sisco v. Johnson

Filing 5

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/17/2020 ORDERING Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 30 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 ERIC M. SISCO, 12 No. 2:20-cv-1904 KJN P Petitioner, 13 v. 14 R.C. JOHNSON, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Respondents. 16 17 By an order filed September 29, 2020, petitioner was ordered to file an in forma pauperis 18 affidavit or to pay the appropriate filing fee, within thirty days, or his application would be 19 dismissed. The thirty-day period has now expired, and petitioner has not responded to the court’s 20 order, has not filed an in forma pauperis affidavit, and has not paid the appropriate filing fee. 21 22 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. 23 Further, IT IS RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 26 being served with these findings and recommendations, petitioner may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Petitioner is advised that failure to file objections within the 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: November 17, 2020 4 5 /sisc1904.fpf.hab 6 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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