-DAD (PC) Walton v. Evans et al, No. 2:2010cv01591 - Document 13 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/18/11 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
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-DAD (PC) Walton v. Evans et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VAUGHN EMERY WALTON, 11 Plaintiff, 12 13 No. 2:10-cv-1591 FCD DAD (PC) vs. MICHEAL EVANS, Warden, et al., 14 ORDER Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed November 8, 2010, plaintiff was ordered to file a complete in 17 forma pauperis application together with a certified copy of his prison trust account statement for 18 the six month period immediately preceding the filing of the complaint. The thirty day period 19 expired with no response from plaintiff. Accordingly, on January 3, 2011, this court issued 20 findings and recommendations recommending dismissal of this action without prejudice. On 21 January 19, 2011, plaintiff filed objections to the findings and recommendations. On March 10, 22 2011, this court vacated the findings and recommendations and granted plaintiff an additional 23 period of thirty days in which to file a complete in forma pauperis application. That additional 24 period has now expired and plaintiff has still not responded in any way to the court’s March 10, 25 2011 order. 26 ///// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within fourteen days after service of the objections. The parties are 9 advised that failure to file objections within the specified time may waive the right to appeal the 10 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: May 18, 2011. 12 13 14 15 16 17 18 DAD:12 walt1591.fifp2 19 20 21 22 23 24 25 26 2