(PC) Goolsby v. Lizarraga, No. 2:2015cv02616 - Document 8 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/5/16 RECOMMENDING that this action be dismissed withoutprejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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(PC) Goolsby v. Lizarraga Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTWONE DORNELL GOOLSBY, 12 13 14 No. 2:15-cv-2616-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On December 29, 2015, the court ordered plaintiff to, within 30 days, submit the 19 certified trust account statement required by 28 U.S.C. § 1915(a)(2). That order warned plaintiff 20 that failure to comply with the order would result in a recommendation of dismissal. The time for 21 acting has passed and plaintiff has not submitted the required trust account statement or otherwise 22 responded to the court’s order. 23 24 Accordingly, it is hereby RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 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.” Any response to the 2 objections shall be served and filed within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 5 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: February 5, 2016. 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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