-KJN (PC) Bontty v. Second Watch, No. 2:2010cv02486 - Document 9 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/15/11 ORDERING the clerk of the court shall assign a district judge to this action. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 21 days.(Plummer, M)
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-KJN (PC) Bontty v. Second Watch Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN J. BONTTY, 11 12 Plaintiff, No. 2:10-cv-2486 KJN P vs. 13 SECOND WATCH, et al., 14 Defendants. 15 16 ORDER AND FINDINGS AND RECOMMENDATIONS / By order filed October 6, 2010, plaintiff was directed to file a certified copy of his 17 prison trust account statement in support of his application to proceed in forma pauperis. On 18 October 13, 2010, plaintiff filed a second application to proceed in forma pauperis, but again 19 failed to have the institution of incarceration complete the certificate portion of the form, and to 20 provide a certified copy of his prison trust account statement. This was the second opportunity 21 provided plaintiff to either pay the filing fee or provide the appropriate documents to seek leave 22 to proceed in forma pauperis. (Dkt. Nos. 3, 6.) In the court’s last order, plaintiff was informed 23 that failure to comply with that order “will result in a recommendation that this action be 24 dismissed without prejudice.” (Dkt. No. 6 at 2.) 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 1 Dockets.Justia.com 1 2 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 twenty- 5 one 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: April 15, 2011 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 /bont2486.fff 16 17 18 19 20 21 22 23 24 25 26 2