Timmons v. Purcell, et al

Filing 9

[VACATED PURSUANT TO 10 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/20/09 Recommending that this Action be dismissed without prejudice. The Findings and Recommendations are submitted to U.S. District Court Judge Lawrence K. Karlton. Within twenty days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. (Mena-Sanchez, L) Modified on 2/3/2009 (Yin, K).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. M. SLADE, et al., Defendants. / By an order filed December 1, 2008, plaintiff was ordered to file, within thirty days, a properly completed in forma pauperis affidavit that includes a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison official's certification. Plaintiff was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed a properly completed in forma pauperis affidavit that includes a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison official's certification. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. ///// 1 FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RODERICK TIMMONS, Plaintiff, No. CIV S-08-2404 LKK DAD P

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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 days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: January 20, 2009.

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