-BAM (PC) Streeter v. CDC, Vacaville, No. 1:2010cv01480 - Document 13 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS recommending that this Action be Dismissed, Without Prejudice, for Plaintiff's Failure to Comply With a Court Order re 1 Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2011. Referred to Judge Ishii. Objections to F&R due within fifteen (15) days. (Jessen, A)

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-BAM (PC) Streeter v. CDC, Vacaville Doc. 13 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDDIE J. STREETER, JR., 10 Plaintiff, 11 12 CASE NO. 1:10-cv–01480-AWI-BAM PC FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED FOR FAILURE TO COMPLY WITH A COURT ORDER v. CDC, VACAVILLE, et al., OBJECTIONS DUE WITHIN FIFTEEN DAYS 13 Defendants. / 14 15 Plaintiff Eddie J. Streeter, Jr. is a state prisoner proceeding pro se in this civil rights action 16 pursuant to 42 U.S.C. § 1983. On March 30, 2010, Plaintiff an application to proceed in forma 17 pauperis on the incorrect form. On August 25, 2010, an order issued directing Plaintiff to submit 18 an application to proceed in forma pauperis on the correct form or pay the filing fee within forty five 19 days. Plaintiff was informed that failure to comply with the order would result in the dismissal of 20 this action. More than forty five days have passed and Plaintiff has failed to respond to the Courts 21 order. 22 23 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, without prejudice, for Plaintiff’s failure to comply with a court order. 24 These findings and recommendations will be submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15) 26 days after being served with these findings and recommendations, Plaintiff may file written 27 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 2 1153 (9th Cir. 1991). 3 4 IT IS SO ORDERED. Dated: 10c20k November 1, 2011 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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