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Sample v. Solano County Jail

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 9, 2009

CHARLES E. SAMPLE, SR., PLAINTIFF,
v.
SOLANO COUNTY JAIL, ET AL., DEFENDANTS.

ORDER AND FINDINGS AND RECOMMENDATIONS

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On April 15, 2009, the court found that plaintiff's application to proceed in forma pauperis failed to comply with 28 U.S.C. § 1915(a)(2) because the attached trust account statement was signed by plaintiff not by authorized Department of Corrections personnel. That order directed plaintiff to submit, within 30 days, a trust account statement or institutional equivalent that complied with § 1915(a)(2) and warned him that failure to do so would result in a recommendation that this action be dismissed.

The 30-day period has expired and plaintiff has not filed the required trust account statement, or otherwise responded to that order.*fn1

Accordingly, the Clerk is DIRECTED to randomly assign a United States District Judge to this case.

Further, it is RECOMMENDED that this action be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 15 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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