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Vernon C. Brown v. New Folsom State Prison

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


September 6, 2012

VERNON C. BROWN, PLAINTIFF,
v.
NEW FOLSOM STATE PRISON, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER AND FINDINGS AND RECOMMENDATIONS

By an order filed July 30, 2012, plaintiff was ordered to file a completed application to proceed in forma pauperis or pay the appropriate filing fee within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The court issued this order after plaintiff filed an incomplete application to proceed in forma pauperis on July 25, 2012. The thirty day period has now expired, and plaintiff has not complied with the court's order.*fn1

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a District Court Judge to this case; and 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." 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).


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