-GGH (PS) Stephen v. Fukushima, No. 2:2011mc00037 - Document 8 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 06/29/11 ORDERING the clerk to serve this order on BAP and RECOMMENDING that the 6 Motion to Proceed IFP be denied. Objections to these F&Rs due w/i 7 days; referred to Judge Morrison C. England, Jr. (cc: BAP, BK clerk) (Benson, A.)

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-GGH (PS) Stephen v. Fukushima Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE EARL STEPHEN, 11 12 13 14 Appellant, vs. ALAN S. FUKUSHIMA, et al., ORDER AND Appellees. 15 16 No. 11 MC 0037 MCE GGH PS FINDINGS AND RECOMMENDATIONS / Appellant is a state prisoner proceeding pro se with a bankruptcy action before the 17 Ninth Circuit’s Bankruptcy Appellate Panel. The BAP has referred this matter to this district 18 court for the limited purpose of ruling on appellant’s request for leave to proceed in forma 19 pauperis. On June 2, 2011, appellant was ordered to file a certified copy of his prison trust 20 account statement for the six month period immediately preceding the filing of the complaint, 21 and an affidavit in support of his request to proceed in forma pauperis, within 21 days. Plaintiff 22 has failed to comply with that order. 23 Accordingly, IT IS ORDERED that: the Clerk of the Court serve a copy of this 24 order on the Bankruptcy Appellate Panel of the Ninth Circuit (BAP case number EC-10-1511). 25 IT IS HEREBY RECOMMENDED that: appellant’s request to proceed in forma 26 pauperis be denied. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 3 seven (7) days after being served with these findings and recommendations, appellant may file 4 written objections with the court and serve a copy on all parties. Such a document should be 5 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Appellant is 6 advised that failure to file objections within the specified time may waive the right to appeal the 7 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: June 29, 2011 9 10 /s/ Gregory G. Hollows 11 UNITED STATES MAGISTRATE JUDGE GGH:076/Stephen0037.ifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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