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Hudnall v. Ceniceros

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


August 17, 2009

JOHANNA CENICEROS HUDNALL, PLAINTIFF,
v.
BOB BANDA CENICEROS, 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. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1).

On May 13, 2009, the court found that plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) failed to include a certified copy of his trust fund statement as required by § 1915(a)(2). Plaintiff was granted thirty days in which to submit the required trust account statement and warned plaintiff that failure to comply 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 the court's order.

Accordingly, it is hereby ORDERED that the Clerk shall randomly assign a United States District Judge to this case; and It is hereby 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 twenty 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).

20090817

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