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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, 12 13 14 15 No. 2:17-cv-0547 AC P Plaintiff, v. ORDER and CALIFORNIA STATE PRISON, FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By an order filed April 17, 2017, plaintiff was directed to submit, within 30 days, a 18 completed in forma pauperis affidavit and a certified copy of his prison trust account statement, 19 or to pay the full filing fee. See ECF No. 3. Plaintiff was cautioned that failure to comply with 20 the court’s order would result in a recommendation that this action be dismissed. Id. The 30-day 21 period has now expired, and plaintiff has not submitted the required documents or filing fee, or 22 otherwise responded to the court’s order. 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this case; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after 28 being served with these findings and recommendations, plaintiff may file written objections with 1 1 the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 DATED: June 13, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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