(PC) Tidwell v. Reisig et al, No. 2:2007cv01354 - Document 11 (E.D. Cal. 2008)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/1/08 RECOMMENDING that this action be dismissed without prejudice. Objections to F&Rs due within 20 days. Motion referred to Judge Garland E. Burrell, Jr. (Engbretson, K.)

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(PC) Tidwell v. Reisig et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO TIDWELL, Plaintiff, 11 12 13 14 vs. JEFF REISIG, et al., Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-07-1354 GEB EFB P Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 17 U.S.C. § 1983. On July 27, 2007, the court gave plaintiff 30 days to submit a certified copy of 18 his jail trust account statement, or the institutional equivalent as required by 28 U.S.C. § 19 1915(a)(2). The court warned him that failure to do so would result in a recommendation that 20 this action be dismissed. 21 22 The 30-day period has expired and plaintiff has not filed a certified copy of his trust account statement or the institutional equivalent. 23 It therefore is RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 26 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.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Turner v. 4 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: February 1, 2008. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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