(PC)Moore v. California PIA et al, No. 2:2012cv02119 - Document 5 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/28/12: ORDERING that the Clerk of Court randomly assign a United States District Judge to this action. RECOMMENDING that this action be dismissed without prejudice. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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(PC)Moore v. California PIA et al Doc. 5 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 KENNETH MOORE, JR., Plaintiff, 12 13 14 15 No. 2: 12-cv-2119 JFM (PC) vs. CALIFORNIA P.I.A., et al., Defendant. ORDER AND FINDINGS AND RECOMMENDATIONS 16 17 18 / Plaintiff is a state prisoner proceeding pro se with a civil rights action filed 19 pursuant to 42 U.S.C. § 1983. On October 17, 2012, plaintiff was instructed to file a complete 20 application to proceed in forma pauperis after it was determined that plaintiff’s previous 21 application was missing a completed certificate as well as a certified copy of his prison trust 22 account statement for the six-month period immediately preceding the filing of the complaint. 23 Plaintiff was given thirty days to file a complete application to proceed in forma pauperis along 24 with a certified copy of his prison trust account statement for the six-month period immediately 25 preceding the filing of the complaint. Plaintiff was also instructed that failure to comply with 26 that order could result in the dismissal of the action without prejudice. 1 Dockets.Justia.com 1 The thirty day period has now expired and plaintiff has not complied with the 2 October 17, 2012 order. Thus, it will be recommended that this action be dismissed without 3 prejudice. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign 4 5 a United States District Judge to this action. Furthermore, IT IS HEREBY RECOMMENDED that this action be dismissed 6 7 without prejudice. These findings and recommendations are submitted to the United States District 8 9 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 10 days after being served with these findings and recommendations, plaintiff may file written 11 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 12 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 13 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 14 F.2d 1153 (9th Cir. 1991). 15 DATED: November 28, 2012. 16 17 18 19 20 14 moor2119.fifp 21 22 23 24 25 26 2
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