(PC) Parias-Segura v. Mr. President, No. 2:2009cv01519 - Document 11 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/2/2010 recommending that this action be dismissed without prejudice. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
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(PC) Parias-Segura v. Mr. President Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARTURO PARIAS-SEGURA, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1519 WBS KJM P MR. PRESIDENT, 14 15 16 Defendant. FINDINGS AND RECOMMENDATIONS / By an order filed July 13, 2009, plaintiff was ordered to file a completed 17 application to proceed forma pauperis including a copy of his prison trust account statement 18 within thirty days and was cautioned that failure to do so would result in a recommendation that 19 this action be dismissed. The thirty day period has now expired, and although plaintiff has 20 submitted a new application form with the certificate section completed, he has not submitted the 21 required prison trust account statement. Accordingly, IT IS HEREBY RECOMMENDED that 22 this action be dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: February 2, 2010. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 pari1519.fifp 2
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