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Jackline v. Unknown

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


May 3, 2010

DUDLEY JACKLINE, PLAINTIFF,
v.
UNKNOWN, DEFENDANT.

ORDER AND FINDINGS AND RECOMMENDATIONS

On December 15, 2009, the court found that plaintiff had attempted to initiate a civil action without filing a complaint, as required by Fed. R. Civ. P. 3, and had further failed to pay the filing fee required by 28 U.S.C. § 1914(a) or requested leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court ordered plaintiff to submit a complaint and the required filing fee or an application to proceed in forma pauperis within 30 days and warned him that failure to do so would result in a recommendation that this action be dismissed.

The 30-day period has expired and plaintiff has not filed a complaint or paid the required filing fee or requested leave to proceed in forma pauperis or otherwise responded to that order.*fn1

Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States District Judge to this case.

Further, it is 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 fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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