(PC) Wunderlich v. Allred et al

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/29/2024 RECOMMENDING that this action #1 be dismissed. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES WUNDERLICH,

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No. 2:24-cv-1847 TLN CKD P

Plaintiff,

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v.

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ALLRED, et al.,

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FINDINGS AND RECOMMENDATIONS
Defendants.

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On July 22, 2024, plaintiff was ordered to submit a completed in forma pauperis

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application within 30 days. Plaintiff was specifically informed that he had to include a certified

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copy of his inmate trust account statement with his application and that the “certification” portion

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of the application had be completed by correctional staff. Plaintiff was warned that failure to

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submit a complete application to proceed in forma pauperis would result in dismissal.

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Plaintiff submitted and in forma pauperis application on August 12, 2024, but did not

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submit a certified copy of his inmate trust account statement and the “certification” portion is not

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complete.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See 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, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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

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

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(9th Cir. 1991).

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Dated: August 29, 2024

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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wund1847.fifp

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