Stewart v. Romero et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/10/2016 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD STEWART, 12 No. 2:16-cv-0447 KJM CKD P Plaintiff, 13 v. 14 ROMERO, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On March 24, 2016, the court ordered that, within 30 days, plaintiff submit a certified 18 copy of his prison trust account statement for the six month period immediately preceding the 19 filing of plaintiff’s complaint in support of his request to proceed in forma pauperis. Plaintiff was 20 warned that failure to do so would result in dismissal. Plaintiff has not responded to the court’s 21 order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: May 10, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 stew0447.fnrs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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