Reed v. Boim et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/5/2014 RECOMMENDING that this action be dismissed without prejudice. 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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Plaintiff,

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

v.

FINDINGS AND RECOMMENDATIONS

UNKNOWN,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On October 31, 2013, the court recommended that this action be dismissed after

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plaintiff failed to submit a complaint and either pay the filing fee or apply for in forma pauperis

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status. Thereafter, plaintiff filed a complaint and a partial application to proceed in forma

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pauperis. In light of plaintiff’s filings, the court vacated the October 31, 2013 findings and

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recommendations. However, the court informed plaintiff that it could not review his complaint

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until he filed the required affidavit in support of his request to proceed in forma pauperis. ECF

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No. 17. The court gave plaintiff 30 days within which to file his affidavit. The time for acting

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has passed, and once again, plaintiff has not filed the affidavit or otherwise responded to the

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court’s order.

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Accordingly, it hereby is 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.” 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: March 5, 2014.

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