Weaver v. California State Prison

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2017 ORDERING the Clerk to randomly assign a district judge to this case; and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R 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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WILLIE WEAVER,

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No. 2:17-cv-0547 AC P

Plaintiff,
v.

ORDER and

CALIFORNIA STATE PRISON,

FINDINGS AND RECOMMENDATIONS

Defendant.

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By an order filed April 17, 2017, plaintiff was directed to submit, within 30 days, a

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completed in forma pauperis affidavit and a certified copy of his prison trust account statement,

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or to pay the full filing fee. See ECF No. 3. Plaintiff was cautioned that failure to comply with

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the court’s order would result in a recommendation that this action be dismissed. Id. The 30-day

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period has now expired, and plaintiff has not submitted the required documents or filing fee, or

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otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a
district judge to this case; and

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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 14 days after

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being served with these findings and recommendations, plaintiff may file written objections with
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the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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DATED: June 13, 2017

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