Opinion
No. 2:18-cv-0743 KJN P
05-15-2018
ABELARDO SOTO, Plaintiff, v. CALIFORNIA HEALTH CARE FACILITY, Defendant.
ORDER AND FINDINGS AND RECOMMENDATIONS
By an order filed April 6, 2018, plaintiff was ordered to file an in forma pauperis affidavit or pay the requiring filing fees within thirty days and a certified copy of his prison trust account statement, and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed the required documents.
On April 20, 2018, plaintiff submitted a number of exhibits, but none of the documents were responsive to the court's order. --------
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district 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)(1). 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." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are 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). Dated: May 15, 2018
/s/_________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE /cw/soto0743.fifp