(PC) Lewis v Pleasant Valley State Prison - Warden, No. 2:2011cv02930 - Document 7 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/12 ORDERING that the Clerk of Court randomly assign a district judge to this case; and That the Clerk of the Court send plaintiff a copy of the order 4 along with the copy of the instant findings and recommendations; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Lewis v Pleasant Valley State Prison - Warden Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTA L. LEWIS, 11 Plaintiff, 12 No. 2:11-cv-2930 KJN P vs. 13 14 15 16 WARDEN, PLEASANT VALLEY STATE PRISON, et al., ORDER AND Defendants. FINDINGS AND RECOMMENDATIONS / 17 By an order filed December 1, 2011, plaintiff was ordered to file a completed in 18 forma pauperis application and a certified copy of his trust account statement within thirty days 19 and was cautioned that failure to do so would result in a recommendation that this action be 20 dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s 21 order and has not filed an in forma pauperis affidavit or certified trust account statement. 22 On December 23, 2011, plaintiff’s copy of the order was returned by the postal 23 service marked “no longer at institution.” It is plaintiff’s obligation to inform the court of any 24 address change. Local Rule 183(b). In an abundance of caution, IT IS HEREBY ORDERED: 25 1. That the Clerk of Court randomly assign a district judge to this case; and 26 2. That the Clerk of the Court send plaintiff a copy of the December 1, 2011 order 1 Dockets.Justia.com 1 (dkt. no. 4), along with the copy of the instant findings and recommendations. 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 6 one days after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Any response to the objections shall be filed and served 9 within fourteen days after service of the objections. Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court’s order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: January 5, 2012 13 14 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 15 16 /lewi2930.fff 17 18 19 20 21 22 23 24 25 26 2
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