(PC) Dietle v. Miranda, et al., No. 2:2014cv01728 - Document 11 (E.D. Cal. 2014)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/21/14 ORDERING that the Clerk of the Court make a random assignment of a district judge to this case. It is RECOMMENDED that the Clerk of the Court make a random assignment of a district judge to this case. Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Dietle v. Miranda, et al. Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL DEITLE, 12 13 14 No. 2:14-cv-1728 AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS & RAFAEL MIRANDA, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner who is represented by counsel, has filed a civil rights action 18 pursuant to 42 U.S.C. § 1983. On July 23, 2014, plaintiff filed an unsigned Application To 19 Proceed In Forma Pauperis (“IFP”) by a Prisoner, which did not contain a certified copy of his 20 prison trust account nor the certified institutional equivalent. On July 28, 2014, plaintiff was 21 directed to submit a properly supported IFP application within thirty days, and cautioned that 22 failure to do so would result in a recommendation that this action be dismissed without prejudice. 23 ECF No. 4. 24 The thirty day period has now expired, and plaintiff has not responded to the court’s order 25 and has not filed an in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT 26 IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 27 28 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be filed and served within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 IT IS ORDERED that the Clerk of the Court make a random assignment of a district judge 8 to this case. 9 DATED: November 21, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2