(PC)Lott v. Linggi, No. 2:2016cv01205 - Document 8 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/26/16 ORDERING the Clerk randomly assign this case to a United States District Judge. U.S. District Judge John A. Mendez randomly assigned to this action. Also, RECOMMEDNING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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(PC)Lott v. Linggi Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARQUIS R. LOTT, 12 13 14 15 No. 2:16-cv-1205-EFB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS MARCY LINGGI, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On June 21, 2016, 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 ORDERED that the Clerk randomly assign this case to a United States District Judge. 25 Further, it is hereby RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 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 response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: July 26, 2016. 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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