(PC) Dodson v. Mendenhall, No. 2:2009cv01282 - Document 8 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/19/09 recommending that this action be dismissed without prejudice. The clerk of the court is directed to assign a district judge to this case. U.S. District Judge John A. Mendez randomly assigned to this action. Referred to Judge John A. Mendez. Objections due within 20 days. (Plummer, M)

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(PC) Dodson v. Mendenhall Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREG DODSON, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1282 GGH P MENDENHALL, 14 15 16 Defendant. FINDINGS AND RECOMMENDATIONS / By an order filed June 10, 2009, plaintiff was ordered to file a certified copy of his 17 prisoner trust account statement for the six month period immediately preceding the filing of the 18 complaint within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has not responded to the court’s order and has not filed his account statement. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. The Clerk of Court is directed to assign a district judge to this case. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 2 shall be served and filed within ten days after service of the objections. The parties are advised 3 that failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: August 19, 2009 6 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 GGH:035 dods1282.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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