(HC) Carranza v. Lynch

Filing 6

[F&R'S VACATED PURSUANT TO 4/08/21 ORDER]ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/1/2021 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 14 days after being served with these findings and recommendations. (Henshaw, R) Modified on 4/9/2021 (Plummer, M).

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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 DANIEL CARRANZA, 12 13 14 15 No. 2:21-cv-0304 KJN P Petitioner, v. ORDER AND FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Respondents. 16 17 Petitioner is a state prisoner, proceeding pro se. By an order filed February 19, 2021, 18 petitioner was ordered to file an in forma pauperis affidavit or to pay the appropriate filing fee, 19 within thirty days, or his application would be dismissed. The thirty-day period has now expired, 20 and petitioner has not responded to the court’s order, has not filed an in forma pauperis affidavit, 21 and has not paid the appropriate filing fee. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case. 24 Further, IT IS RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, petitioner may file written 28 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: April 1, 2021 5 6 carr0304.fpf.hab 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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