Lewis v Pleasant Valley State Prison - Warden
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/12 ORDERING that the Clerk of Court randomly assign a district judge to this case; and That the Clerk of the Court send plaintiff a copy of the order 4 along with the copy of the instant findings and recommendations; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days.(Dillon, 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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DARONTA L. LEWIS,
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Plaintiff,
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No. 2:11-cv-2930 KJN P
vs.
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WARDEN, PLEASANT VALLEY
STATE PRISON, et al.,
ORDER AND
Defendants.
FINDINGS AND RECOMMENDATIONS
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By an order filed December 1, 2011, plaintiff was ordered to file a completed in
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forma pauperis application and a certified copy of his trust account statement within thirty days
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and was cautioned that failure to do so would result in a recommendation that this action be
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dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s
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order and has not filed an in forma pauperis affidavit or certified trust account statement.
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On December 23, 2011, plaintiff’s copy of the order was returned by the postal
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service marked “no longer at institution.” It is plaintiff’s obligation to inform the court of any
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address change. Local Rule 183(b). In an abundance of caution, IT IS HEREBY ORDERED:
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1. That the Clerk of Court randomly assign a district judge to this case; and
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2. That the Clerk of the Court send plaintiff a copy of the December 1, 2011 order
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(dkt. no. 4), along with the copy of the instant findings and recommendations.
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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 twenty-
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one days after being served with these findings and recommendations, plaintiff may file written
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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Any response to the objections shall be filed and served
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within fourteen days after service of the objections. Plaintiff is advised that failure to file
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objections within the specified time may waive the right to appeal the District Court’s order.
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: January 5, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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/lewi2930.fff
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