Vasquez v. State of California et al

Filing 30

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/11/13 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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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ROBERT VASQUEZ,

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Plaintiff,

No. 2:12-cv-2562 JAM CKD P

vs.
STATE OF CALIFORNIA, et al.,
Defendants.

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FINDINGS AND RECOMMENDATIONS
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By order filed February 15, 2013, plaintiff was granted thirty days to file a

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certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint. (Dkt. No. 24, citing 28 U.S.C. § 1915(a)(2).) In similar

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orders filed October 17, 2012 and January 25, 2013, plaintiff was advised that failure to file a

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complete application to proceed in forma pauperis, including a certified copy of his trust account

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statement, would result in a recommendation that this action be dismissed without prejudice.

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(Dkt. Nos. 12, 20.)

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Plaintiff’s most recent thirty-day period to file a certified statement has expired,

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and while he has filed various documents, they do not include a certified trust account statement.

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As plaintiff has had ample opportunity to file a certified statement and failed to do so, the

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undersigned will recommend that this action be dismissed without prejudice.
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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).
Dated: April 11, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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vasq2562.fifp_2

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