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Bontemps v. Lawaya

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 30, 2018
No. 2:16-cv-2424 CKD P (E.D. Cal. Apr. 30, 2018)

Opinion

No. 2:16-cv-2424 CKD P

04-30-2018

GREGORY C. BONTEMPS, Plaintiff, v. M. LAWAYA, Defendant.


ORDER AND FINDINGS AND RECOMMENDATIONS

On February 6, 2017, the court ordered that plaintiff pay the $400 filing fee for this action within 14 days. Plaintiff was warned that failure to pay the filing fee within 14 days would result in dismissal. Plaintiff has not paid the filing fee.

This court dismissed this case on May 3, 2017 for plaintiff's failure to pay the filing fee since plaintiff consented to magistrate judge jurisdiction on October 19, 2016. See 28 U.S.C. § 636(c). The Ninth Circuit reversed that dismissal pursuant to Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017) (magistrate judges do not have authority to dismiss cases unless all named-defendants who have not been dismissed have also consented regardless of whether they have appeared in an action, been served with process or screened in pursuant to 28 U.S.C. § 1915A(a)). --------

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)(1). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The 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). Dated: April 30, 2018

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE 1
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Summaries of

Bontemps v. Lawaya

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 30, 2018
No. 2:16-cv-2424 CKD P (E.D. Cal. Apr. 30, 2018)
Case details for

Bontemps v. Lawaya

Case Details

Full title:GREGORY C. BONTEMPS, Plaintiff, v. M. LAWAYA, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Apr 30, 2018

Citations

No. 2:16-cv-2424 CKD P (E.D. Cal. Apr. 30, 2018)