-SMS (PC) Tillman v. Board of Prison Terms, No. 1:2011cv00138 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending This Action be Dismissed, Without Prejudice, For Failure Comply With a Court Order 1 , signed by Magistrate Judge Sandra M. Snyder on 4/6/2011. Referred to Judge O'Neill Objections Due Within Thirthy-Days. (Gonzalez, R)
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-SMS (PC) Tillman v. Board of Prison Terms Doc. 9 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY B. TILLMAN, 10 11 12 CASE NO. 1:11-cv-00138-LJO-SMS PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION BE DISMISSED, WITHOUT PREJUDICE, FOR FAILURE COMPLY WITH A COURT ORDER v. BOARD OF PRISON TERMS, OBJECTIONS DUE WITHIN THIRTY-DAYS 13 Defendant. / 14 15 Plaintiff Anthony B. Tillman (“Plaintiff”) is a state prisoner proceeding pro se in this civil 16 rights action pursuant to 42 U.S.C. § 1983. A complaint and application to proceed in forma 17 pauperis were filed on January 26, 2011, however the documents were not signed. Fed. R. Civ. P. 18 11(a). On order was issued on January 28, 2011, directing Plaintiff to file a signed complaint and 19 application to proceed in forma pauperis within twenty one days. Plaintiff was warned that if he 20 failed to file a complaint in compliance with the order, this action would be dismissed for failure to 21 comply. On February 7, 2011, Plaintiff filed a motion to proceed in forma pauperis and a motion 22 for appointment of counsel. However, more than twenty one days have passed and Plaintiff has not 23 filed a signed complaint. As a result, there is no pleading on file which sets forth any claims upon 24 which relief may be granted. 25 Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY 26 RECOMMENDED that this action BE DISMISSED, without prejudice, based on Plaintiff’s failure 27 to comply with the order of the Court. 28 These findings and recommendations will be submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 2 days after being served with these findings and recommendations, Plaintiff may file written 3 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 6 1153 (9th Cir. 1991). 7 8 IT IS SO ORDERED. 9 Dated: icido3 April 6, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2