Stribling v. Tobias et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/12/16 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; 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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AARON STRIBLING,
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No. 2:16-cv-0399-MCE-EFB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
C. TOBIAS, et al.,
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Defendants.
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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 March 4, 2016, the court ordered plaintiff to, within 30 days, submit the
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certified trust account statement required by 28 U.S.C. § 1915(a)(2). That order warned plaintiff
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that failure to comply with the order would result in a recommendation of dismissal. The time for
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acting has passed and plaintiff has not submitted the required trust account statement or otherwise
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responded to the court’s order.
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Accordingly, 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 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: April 12, 2016.
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