(PC) Prestfield v. Sanchez et al, No. 2:2011cv01774 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/17/2011 ORDERING a district judge be assigned to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
Download PDF
(PC) Prestfield v. Sanchez 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 CHRISTOPHER PRESTFIELD, 11 Plaintiff, 12 13 No. CIV S-11-1774 GGH P vs. M. SANCHEZ, et al. 14 ORDER and Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By an order filed July 14, 2011, plaintiff was ordered to file an in forma pauperis 17 affidavit and certified copy of his prison trust account statement within thirty days and was 18 cautioned that failure to do so would result in a recommendation that this action be dismissed. 19 On August 23, 2011, this court granted in part plaintiff’s motion for an extension of time to 20 comply with the July 14, 2011 order, bringing his new deadline to October 19, 2011. The 21 extended deadline has now expired, and plaintiff has not responded to the court’s order. Plaintiff 22 has not filed an in forma pauperis affidavit and a certified copy of his prison trust account 23 statement, or paid the appropriate filing fee. 24 Good cause appearing, IT IS HEREBY ORDERED that a district judge be 25 assigned to this case; and 26 \\\\ 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 fourteen 5 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: November 17, 2011 12 13 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:rb pres1774.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 2