(PC) Williams v. CDCR et al, No. 2:2010cv02874 - Document 7 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/3/11 recommending that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Dillon, M)
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(PC) Williams v. CDCR et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN LEE WILLIAMS, 11 12 13 14 15 Plaintiff, No. 2:10-cv-2874 WBS JFM (PC) Defendants. FINDINGS AND RECOMMENDATIONS vs. CDCR, et al., / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 18 U.S.C. § 1915. By an order filed November 16, 2010, plaintiff was ordered to file within thirty 19 days a complete in forma pauperis application together with a certificated copy of his prison trust 20 account statement for the six month period that preceded the filing of the complaint and was 21 cautioned that failure to do so would result in a recommendation that this action be dismissed. 22 The thirty day period has now expired, and plaintiff has not filed the required documents or 23 responded in any way to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that 24 this action be dismissed without prejudice. 25 26 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Any response to the objections shall be filed and served 4 within fourteen days after service of the objections. Plaintiff is advised that failure to file 5 objections within the specified time may waive the right to appeal the District Court’s order. 6 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: January 3, 2011. 8 9 10 11 12 12 will2874.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 Plaintiff, No. 2:#cv- vs. 7 8 9 10 NOTICE OF SUBMISSION Defendants. ____________________________________/ Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement 11 DATED: 12 13 14 Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 3
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