(PC) Vigil v. Vacaville Police Department, No. 2:2008cv00765 - Document 8 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS, recommending that action be dismissed without prejudice, signed by Magistrate Judge Edmund F. Brennan on 1/22/2009. Within 20 days after being served with these F/Rs, any party may file written Objections w/Court and serve a copy on all parties. (Marciel, M)
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(PC) Vigil v. Vacaville Police Department Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANCE A. VIGIL, Plaintiff, 11 12 No. CIV S-08-0765 WBS EFB P vs. 13 VACAVILLE POLICE DEPARTMENT, 14 Defendant. / 15 16 FINDINGS AND RECOMMENDATIONS On November 4, 2008, the court found that plaintiff’s application to proceed in forma 17 pauperis failed to contained the required certified trust account statement. Accordingly, the 18 court ordered plaintiff to file a completed in forma pauperis application together with the 19 required certified copy of his prison trust account statement. The order gave plaintiff 30 days to 20 file the required application and warned him that failure to do so would result in a 21 recommendation that this action be dismissed. 22 23 The 30-day period has expired and plaintiff has not filed a completed in forma pauperis affidavit or otherwise responded to the court’s order.1 24 1 25 26 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 83-182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 It therefore is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: January 22, 2009. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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