-EFB (PC) Weaver v. Rio Cosumnes Correctional Center, No. 2:2011cv00179 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/20/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
Download PDF
-EFB (PC) Weaver v. Rio Cosumnes Correctional Center Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE WEAVER, Plaintiff, 11 vs. 12 13 No. CIV S-11-0179 GEB EFB P RIO COSUMNES CORRECTIONAL CENTER, 14 Defendant. FINDINGS AND RECOMMENDATIONS 15 / 16 Plaintiff, a prisoner without counsel, filed a complaint alleging civil rights violations. 17 18 See 42 U.S.C. § 1983. He also submitted an affidavit requesting leave to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915(a)(1). 20 found that plaintiff’s application to proceed in forma pauperis failed to include the certified copy 21 of his trust account statement or institutional equivalent required by 28 U.S.C. § 1915(a)(2). The 22 court ordered plaintiff to submit the required trust statement within 30 days and warned him that 23 failure to do so would result in a recommendation that this action be dismissed. Dckt. No. 7. On March 3, 2011, the court The 30-day period has expired and plaintiff has not filed an in forma pauperis affidavit or 24 25 paid the appropriate filing fee or otherwise responded to that 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 Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 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.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: April 20, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2