(PC) Parmer v. CDC et al, No. 2:2009cv03310 - Document 10 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/2/2010 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this case be dismissed w/out prejudice. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Parmer v. CDC et al Doc. 10 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 DAVID EARL PARMER, 8 Plaintiff, No. CIV S-09-3310 GGH P 9 vs. 10 J. WALKER, et al., ORDER & 11 Defendants. FINDINGS AND RECOMMENDATIONS 12 / 13 By an order filed February 16, 2010, plaintiff was ordered, within thirty days, to 14 file a certified copy of his prison trust account statement for the six-month period immediately 15 preceding the filing of the complaint and the certification required on the in forma pauperis 16 application form. Plaintiff was cautioned that his failure to comply with the order would result in 17 a recommendation that this action be dismissed without prejudice. 18 The thirty-day period has now expired, and plaintiff has not responded to the 19 court’s order and has neither filed the requisite documentation nor paid the appropriate filing fee. 20 Accordingly, IT IS ORDERED that the Clerk of the Court make a district judge 21 assignment to this case. 22 IT IS RECOMMENDED that this case be dismissed without prejudice. 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 twenty25 one days after being served with these findings and recommendations, any party may file written 26 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.” Any reply to the objections 3 shall be served and filed within ten days after service of the objections. The parties are advised 4 that failure to file objections within the specified time may waive the right to appeal the District 5 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: April 2, 2010 7 8 /s/ Gregory G. Hollows 9 UNITED STATES MAGISTRATE JUDGE 10 11 GGH:009 parm3310.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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