(PC) Williams v. Department of Corrections, No. 2:2010cv00380 - Document 5 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/28/10: ORDERING that the Clerk randomly assign a United States District Judge to this case. Recommending that this action be dismissed without prejudice. Objections to F&R due within fourteen days. (Kaminski, H)
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(PC) Williams v. Department of Corrections Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES S. WILLIAMS, 11 Plaintiff, vs. 12 13 No. CIV S-10-0380 EFB P DEPARTMENT OF CORRECTIONS, ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 14 / 15 On February 25, 2010, December 23, 2009, the court found that plaintiff’s application to 16 17 proceed in forma pauperis did not include a certified copy of his trust account statement or the 18 institutional equivalent, as required by 28 U.S.C. § 1915(a)(2). Accordingly, the court ordered 19 plaintiff to submit the required trust account statement within thirty days and warned him that 20 failure to do so would result in a recommendation that this action be dismissed. The 30-day period has expired and plaintiff has not filed the required trust account 21 22 statement or completed affidavit, nor otherwise responded to the court’s order.1 23 //// 24 25 26 1 Although it appears from the docket that plaintiff’s copy of the order was served upon him three times and returned marked “undeliverable,” plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 2 Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States District Judge to this case. 3 Further, it is RECOMMENDED that this action be dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: April 28, 2010. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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