(PC) Armstrong v. Young et al, No. 2:2012cv00123 - Document 9 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/27/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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(PC) Armstrong v. Young et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRADY K. ARMSTRONG, 11 Plaintiff, 12 vs. 13 No. 2:12-cv-0123 GEB KJN P D. YOUNG, et al., 14 15 16 Defendants. FINDINGS AND RECOMMENDATIONS / By an order filed February 22, 2012, plaintiff was ordered to provide the 17 certification required on the application to proceed in forma pauperis within thirty days and was 18 cautioned that failure to do so would result in a recommendation that this action be dismissed. 19 The thirty day period has now expired, and plaintiff has not responded to the court’s order and 20 has not filed the properly completed in forma pauperis affidavit. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action be dismissed without prejudice. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 Dockets.Justia.com 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: March 27, 2012 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 arms0123.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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