Walton v. Evans et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/18/11 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VAUGHN EMERY WALTON,

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Plaintiff,

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No. 2:10-cv-1591 FCD DAD (PC)

vs.
MICHEAL EVANS, Warden, et al.,

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ORDER

Defendants.

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FINDINGS AND RECOMMENDATIONS
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By an order filed November 8, 2010, plaintiff was ordered to file a complete in

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forma pauperis application together with a certified copy of his prison trust account statement for

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the six month period immediately preceding the filing of the complaint. The thirty day period

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expired with no response from plaintiff. Accordingly, on January 3, 2011, this court issued

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findings and recommendations recommending dismissal of this action without prejudice. On

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January 19, 2011, plaintiff filed objections to the findings and recommendations. On March 10,

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2011, this court vacated the findings and recommendations and granted plaintiff an additional

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period of thirty days in which to file a complete in forma pauperis application. That additional

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period has now expired and plaintiff has still not responded in any way to the court’s March 10,

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2011 order.

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/////
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 18, 2011.

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DAD:12
walt1591.fifp2

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