(PC) Allen v. Elhers, No. 2:2017cv01943 - Document 11 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2018 RECOMMEDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
Download PDF
(PC) Allen v. Elhers Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DEWAYNE ALLEN, 12 No. 2:17-cv-01943 KJM AC P Plaintiff, 13 v. 14 C.O. ELHERS, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is a former state prisoner proceeding pro se with a complaint challenging 18 conditions of his prior confinement at California State Prison Sacramento. By order filed May 1, 19 2018, the court directed plaintiff to submit a non-prisoner application to proceed in forma 20 pauperis within thirty days.1 See ECF No. 10. Plaintiff was informed that failure to timely 21 comply with the court’s order would result in a recommendation that this action be dismissed 22 without prejudice. Id. at 2. The thirty-day period has expired, and plaintiff has not responded to 23 the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 24 25 prejudice. 26 //// 27 28 1 Plaintiff previously filed a prisoner application to proceed in forma pauperis, ECF No. 8, which is no longer applicable. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 3 days after service of these findings and recommendations, plaintiff may file written objections 4 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Failure to file objections within the specified time may waive the right 6 to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: June 13, 2018 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2