(PC) Scott v. Solano County Sheriff's Office, No. 2:2010cv01975 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/5/10 recommending that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Poyser Scott. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Scott v. Solano County Sheriff's Office Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 POYSER SCOTT, Plaintiff, 11 vs. 12 13 No. CIV S-10-1975 KJM P SOLANO COUNTY SHERIFF’S OFFICE, ORDER AND Defendant. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed August 5, 2010, plaintiff was ordered to file a completed in 16 17 forma pauperis affidavit and a certified copy of his prison trust account statement within thirty 18 days and was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s 20 order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a 21 22 district judge to the case. IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 prejudice. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 4 shall be served and filed within fourteen days after service of the objections. The parties are 5 advised that failure to file objections within the specified time may waive the right to appeal the 6 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: October 5, 2010. 8 9 10 1 ot1975.fifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2