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Dean v. Maness

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


September 8, 2010

ALTON E. DEAN, PLAINTIFF,
v.
ERIK MANESS, DEFENDANT.

ORDER AND FINDINGS & RECOMMENDATIONS

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. By order filed July 30, 2010, the court determined that plaintiff was barred under § 1915(g) from proceeding in forma pauperis in this case. Accordingly, the court ordered plaintiff to pay the $350.00 filing fee for this action within thirty days. The court also cautioned plaintiff that his failure to do so would result in the dismissal of this case. The thirty day period has since expired and plaintiff has failed to pay the $350.00 filing fee or otherwise respond to the court's July 30, 2010 order.

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

Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).

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)(1). Within twenty-one days after being served with these findings and recommendations, plaintiff 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." 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).

20100908

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