Reed v. Boim et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/31/2013 RECOMMENDING that the Clerk be directed to close the file. Referred to Judge John A. Mendez; 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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THOMAS REED,

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No. 2:13-cv-1811-JAM-EFB P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

UNKNOWN,

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Defendant.

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Thomas Reed is a state prisoner proceeding without counsel. This action was opened

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when Mr. Reed filed a filed a letter directed to the “deputy clerk” claiming that he had been

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threatened by prison staff and requesting help. ECF No 1.

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A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3. In

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addition, a plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or request leave

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to proceed in forma pauperis and submit the affidavit and trust account statement required by 28

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U.S.C. § 1915(a).

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On September 27, 2013, the court advised Mr. Reed that he had not properly commenced

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a civil action. ECF No. 9. The court granted him 30 days to properly commence a civil action

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and warned him that failure to do so could result in a recommendation that this action be

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dismissed. Those 30 days have passed and Mr. Reed has not filed the necessary documents.

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Instead, he has filed a request for counsel and a letter to the Clerk of the Court. ECF Nos. 10, 11.
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Mr. Reed has not submitted a complaint and either paid the filing fee or met the

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requirements of 28 U.S.C. § 1915(a), and there is simply no case before the court. For this

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reason, the court takes no action on the outstanding request for counsel.

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Accordingly, it hereby is RECOMMENDED that the Clerk of the Court be directed to
close the file.

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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. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 31, 2013.

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