(PC) Weaver v. Sacramento Superior Court et al, No. 2:2017cv00671 - Document 4 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/15/2017 DIRECTING the Clerk to assign a District Judge and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, 12 13 14 15 No. 2: 17-cv-0671 KJN P Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS v. SACRAMENTO SUPERIOR COURT, et al., Defendants. 16 17 18 By an order filed April 5, 2017, plaintiff was ordered to file a completed in forma pauperis 19 affidavit and a certified copy of his prison trust account statement, and was cautioned that failure 20 to do so would result in a recommendation that this action be dismissed. The thirty day period 21 has now expired, and plaintiff has not responded to the court’s order and has not filed the required 22 documents. 23 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be filed and served within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: May 15, 2017 7 8 9 10 11 We671.dis 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2