Patterson v. The City of Vallejo California et al

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/17/2016 DENYING plaintiff's 6 motion to issue summons; and the Clerk shall assign a district judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; 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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BRYAN PATTERSON,

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Plaintiff,

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No. 2:16-cv-0595 CKD P

v.

ORDER &

THE CITY OF VALLEJO CALIFORNIA,
et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff, a state prisoner, commenced this action in March 2016. On March 29, 2016, the
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court ordered him to file a motion to proceed in forma pauperis or pay the filing fee for this
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action. (ECF No. 3.) Plaintiff submitted a request to proceed in forma pauperis (ECF No. 4);
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however, it was incomplete. On April 11, 2016, the court directed him to file “a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the
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complaint and obtain[] the certification required” within thirty days, or face dismissal of this

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action. (ECF No. 5.) The thirty day period has now expired, and plaintiff has not submitted the
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required documents. Thus the undersigned will recommend that this action be dismissed without
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prejudice.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to issue summons (ECF No. 6) is denied; and

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2. The Clerk of Court shall assign a district judge to this action.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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Local Rule 110; Fed. R. Civ. P. 41(b).

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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: May 17, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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