(PC) Williams v. Goman et al, No. 2:2009cv00491 - Document 6 (E.D. Cal. 2009)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/08/09 ORDERING the clerk of the court is directed to randomly assign a U.S. District Judge to this action. U.S. District Judge Frank C. Damrell randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 20 days. (Plummer, M)
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(PC) Williams v. Goman et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DELBERT WILLIAMS, 11 12 13 Plaintiff, No. CIV S-09-0491 DAD P vs. GOMAN, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed August 25, 2009, plaintiff was ordered to file, within thirty days, 17 a properly completed in forma pauperis application that includes a certified copy of plaintiff’s 18 prison trust account statement for the six-month period immediately preceding the filing of the 19 complaint and was cautioned that failure to do so would result in a recommendation that this 20 action be dismissed. The thirty-day period has now expired, and plaintiff has not responded to 21 the court’s order and has not filed a properly completed in forma pauperis application and 22 certified copy of plaintiff’s prison trust account statement. 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 3 days 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 reply to the objections 6 shall be served and filed within ten days after service of the objections. The parties are advised 7 that failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: October 8, 2009. 10 11 12 13 DAD:lg will0491.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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