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Kelley v. Grass Valley Police Dep't

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 15, 2010

ISAAC KELLEY, PLAINTIFF,
v.
GRASS VALLEY POLICE DEPARTMENT, ET AL., DEFENDANTS.

FINDINGS AND RECOMMENDATIONS

By an order filed September 4, 2009, plaintiff was ordered to file a properly completed in forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. Subsequently, plaintiff filed a notice of change of address in this case. Accordingly, the court re-served plaintiff with its order. The thirty day period since re-service of the court's order has now expired, and plaintiff has not filed a properly completed in forma pauperis affidavit or paid the appropriate filing fee.

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action.

IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20100315

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