Dietle v. Miranda, et al.

Filing 11

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/21/14 ORDERING that the Clerk of the Court make a random assignment of a district judge to this case. It is RECOMMENDED that the Clerk of the Court make a random assignment of a district judge to this case. Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL DEITLE,

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No. 2:14-cv-1728 AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS &

RAFAEL MIRANDA, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner who is represented by counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. On July 23, 2014, plaintiff filed an unsigned Application To

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Proceed In Forma Pauperis (“IFP”) by a Prisoner, which did not contain a certified copy of his

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prison trust account nor the certified institutional equivalent. On July 28, 2014, plaintiff was

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directed to submit a properly supported IFP application within thirty days, and cautioned that

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failure to do so would result in a recommendation that this action be dismissed without prejudice.

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ECF No. 4.

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The thirty day period has now expired, and plaintiff has not responded to the court’s order

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and has not filed an in forma pauperis affidavit or paid the appropriate filing fee. Accordingly, IT

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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 Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)
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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 response to the

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objections shall be filed and served 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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IT IS ORDERED that the Clerk of the Court make a random assignment of a district judge

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to this case.

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DATED: November 21, 2014

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