(PC) Miramon v. Sheriff Sacto. Co. Jail et al, No. 2:2016cv00780 - Document 5 (E.D. Cal. 2016)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/27/16 ORDERING that the Clerk assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Miramon v. Sheriff Sacto. Co. Jail et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO MIRAMON, 12 Plaintiff, 13 14 No. 2:16-cv-0780 CKD P v. ORDER & SHERIFF SACTO. CO. JAIL, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff, a county jail inmate, is proceeding pro se with this action pursuant to 42 U.S.C. § 17 18 1983. Plaintiff submitted a request to proceed in forma pauperis (ECF No. 2); however, it was 19 incomplete. On April 21, 2016, the court ordered him to file both a completed affidavit in 20 support of his request to proceed in forma pauperis and a certified copy of his prison trust account 21 statement within thirty days, or face dismissal of this action. (ECF No. 4.) The thirty day period 22 has now expired, and plaintiff has not submitted the required documents. Thus the undersigned 23 will recommend that this action be dismissed without prejudice. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of Court shall assign a district judge to this action. 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 27 Local Rule 110; Fed. R. Civ. P. 41(b). 28 //// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be filed and served within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: May 27, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 2 / mira0780.fifp 17 18 19 20 21 22 23 24 25 26 27 28 2
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