Truschke v. Flynn et al

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/20/2013 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EDWARD TRUSCHKE, JR.,

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No. 2:13-cv-1255-MCE-EFB P

Plaintiff,

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v.

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D. FLYNN, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a county inmate proceeding without counsel. To properly commence a civil

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action, plaintiff must file a signed complaint. Fed. R. Civ. P. 3. In addition, plaintiff must pay the

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$400 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and

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submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a).

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Despite two court orders, plaintiff has yet to submit a proper complaint and either pay the

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filing fee or submit a proper application for proceeding in forma pauperis. See ECF Nos. 3, 20.

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On August 15, 2013, the court ordered plaintiff to file the required documents within 30 days.

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The 30-day period has expired and plaintiff has not paid the filing fee, filed a completed in forma

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pauperis application, or filed a proper complaint.

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Accordingly, it is hereby recommended that this action be DISMISSED.

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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.” Any response to the

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

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

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

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Dated: September 20, 2013.

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