(PC) Stringfellow v. Forester, et al., No. 2:2015cv01659 - Document 6 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/10/15 ORDERING that the Clerk shall randomly assign a United States District Judge to this case. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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(PC) Stringfellow v. Forester, et al. Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT STRINGFELLOW, 12 Plaintiff, 13 14 No. 2:15-cv-1659-EFB P v. ORDER AND FINDINGS AND RECOMMENDATIONS B. FORESTER, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On July 23, 2015, the court found that plaintiff’s application to proceed in forma 19 pauperis was deficient and did not contain the trust account statement required by 28 U.S.C. 20 § 1915(a). Accordingly, the court ordered plaintiff to submit the completed application required 21 by § 1915(a) within thirty days and warned him that failure to do so may result in this action 22 being dismissed. The time for acting has passed and plaintiff has not submitted a complete 23 application for leave to proceed in forma pauperis with the required trust account statement or 24 otherwise responded to the court’s order. Accordingly, it is hereby ORDERED that the Clerk shall randomly assign a United States 25 26 District Judge to this case. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 objections shall be served and filed within fourteen days after service of the objections. The 8 parties are advised that failure to file objections within the specified time may waive the right to 9 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: September 10, 2015. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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