Lievre v. Casteda, et al

Filing 12

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/2/14 ORDERING that the Clerk randomly assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 14 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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MICHAEL RENEE LIEVRE,

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No. 2:14-cv-2233 DAD P

Plaintiff,
v.

ORDER and

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CSP STATE PRISON, et al.,

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Defendant.

FINDINGS AND RECOMMENDATIONS

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By order filed September 29, 2014, plaintiff was directed to submit, within thirty days,

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a completed affidavit in support of his request to proceed in forma pauperis, including a certified

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copy of his prison trust account statement for the six-month period preceding the filing of his

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complaint. (See ECF No. 11.) Plaintiff was informed that “failure to comply with this order will

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result in a recommendation that this action be dismissed without prejudice.” (Id. at 2.)

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The thirty day period has now expired, and plaintiff has not submitted the required matters

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or otherwise responded to the court’s order. Therefore, the court will recommend dismissal of

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this action without prejudice.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court
randomly assign a district judge to this action.
Further, 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 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 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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Dated: December 2, 2014

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DAD:4
liev2233.fifp

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