Weaver v. Rio Cosumnes Correctional Center

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/20/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,
Plaintiff,

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vs.

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No. CIV S-11-0179 GEB EFB P

RIO COSUMNES CORRECTIONAL
CENTER,

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Defendant.

FINDINGS AND RECOMMENDATIONS

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/
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Plaintiff, a prisoner without counsel, filed a complaint alleging civil rights violations.

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See 42 U.S.C. § 1983. He also submitted an affidavit requesting leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915(a)(1).

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found that plaintiff’s application to proceed in forma pauperis failed to include the certified copy

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of his trust account statement or institutional equivalent required by 28 U.S.C. § 1915(a)(2). The

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court ordered plaintiff to submit the required trust statement within 30 days and warned him that

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failure to do so would result in a recommendation that this action be dismissed.

Dckt. No. 7. On March 3, 2011, the court

The 30-day period has expired and plaintiff has not filed an in forma pauperis affidavit or

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paid the appropriate filing fee or otherwise responded to that order.

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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 Judge

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

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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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 20, 2011.

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