-DAD (PC) Walton v. Evans et al, No. 2:2010cv01591 - Document 10 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/3/2011 ORDERING that the Clerk of the Court is directed to assign this action to a US District Judge, Frank C. Damrell, Jr. for all further proceedings. RECOMMENDING that this action be dismissed without; Referred to Judge Frank C. Damrell, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)

Download PDF
-DAD (PC) Walton v. Evans et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VAUGHN EMERY WALTON, 11 12 13 Plaintiff, No. 2:10-cv-1591 DAD (PC) vs. MICHEAL EVANS, Warden, et al., 14 ORDER Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed November 8, 2010, plaintiff was ordered to file a complete in 17 forma pauperis application together with a certified copy of his prison trust account statement for 18 the six month period immediately preceding the filing of the complaint. The thirty day period 19 has now expired, and plaintiff has not responded in any way to the court’s order. 20 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 3 shall be served and filed within fourteen days after service of the objections. The parties are 4 advised that failure to file objections within the specified time may waive the right to appeal the 5 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: January 3, 2011. 7 8 9 10 11 12 13 DAD:12 walt1591.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.