-EFB (PC) Barksdale v. Maas, No. 2:2010cv03360 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/15/11 ORDERING the clerk of the court randomly assign a U.S. District Judge to this case. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 14 days.(Plummer, M)

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-EFB (PC) Barksdale v. Maas Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VOLLIE BARKSDALE, Plaintiff, 11 vs. 12 13 No. CIV S-10-3360 EFB P WILLIAM MAAS, ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 14 / 15 On January 4, 2011, the court found that plaintiff’s application to proceed in forma 16 17 pauperis did not include a certified copy of his trust account statement or the institutional 18 equivalent, as required by 28 U.S.C. § 1915(a)(2). Accordingly, the court ordered plaintiff to 19 submit the required trust account statement within thirty days and warned him that failure to do 20 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. Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States 23 24 District Judge to this case. 25 //// 26 //// 1 Dockets.Justia.com 1 Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: March 15, 2011. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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