Barragan v. Santa Clara County Housing Authority

Filing 7

ORDER That Case Be Reassigned to a District Judge; REPORT AND RECOMMENDATIONS re Dismissal Without Prejudice. Objections due by 5/29/2012. Signed by Magistrate Judge Howard R. Lloyd on 5/10/2012. (hrllc2, COURT STAFF) (Filed on 5/10/2012)

1
2

*E-FILED: May 10, 2012*

3
4
5
6
NOT FOR CITATION

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
For the Northern District of California

United States District Court

7

No. C11-05070 HRL

FRANCES BARRAGAN,

12

ORDER THAT CASE BE REASSIGNED
TO A DISTRICT JUDGE

Plaintiff,
v.

13
14

SANTA CLARA HOUSING AUTHORITY;
DOES 1-100,

15

REPORT AND RECOMMENDATION RE
DISMISSAL WITHOUT PREJUDICE

Defendants.
/

16
17

Frances Barragan previously filed an unsigned application to proceed in forma pauperis.

18

The court issued an interim order directing her to file a signed application by November 1,

19

2011. (Dkt. No. 5). She did not do so.1 The court subsequently issued an order directing

20

Barragan to show cause, no later than December 30, 2011, why this action should not be

21

dismissed for her apparent inattention to it.2 This court has received no response to that order.

22

Accordingly, the Clerk of the Court is directed to reassign this case to a District Judge,

23
24
25
26
According to the complaint, which Barragan did sign, Barragan is illiterate.
Inasmuch as the court’s rulings are issued in writing, however, Barragan reasonably is
expected to have some means of learning what the court wishes to communicate to her in its
orders.
1

27
28

A copy of the court’s show cause order was also sent to Dawnalee Brooking
of Dawnalee’s Legal Docs, who apparently was assisting Barragan in this lawsuit.
2

1

and the undersigned recommends that the instant action be dismissed without prejudice.

2

Any party may file objections to this report and recommendation with the District Judge

3

within fourteen days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P.

4

72(b).

5

Dated: May 10, 2012

6
HOWARD R. LLOYD
7

UNITED STATES MAGISTRATE JUDGE

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1

5:11-cv-05070-HRL Notice sent by U.S. Mail to:

2

Frances Barragan
2297 Pasetta Drive
Santa Clara, CA 95035

3
4
5

Dawnalee Brooking
Dawnalee’s Legal Docs
123 East San Carlos Street No. 331
San Jose, CA 95112

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3