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McNeil v. Unknown

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


October 1, 2009

JAMES MCNEIL, PLAINTIFF,
v.
UNKNOWN, DEFENDANT.

ORDER AND FINDINGS AND RECOMMENDATIONS

Plaintiff, a prisoner at California State Prison-Sacramento, previously filed a pleading styled "grand jury complaint form." By order of July 31, 2009, the court denied that pleading without prejudice and provided plaintiff the opportunity to file a complaint in compliance with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure (specifically Rule 3), and the Local Rules of Practice, and to submit an application requesting leave to proceed in forma pauperis or the appropriate filing fee. Order, Docket no. 3. The court apprised plaintiff that failure to comply with the order would result in a recommendation that the matter be dismissed. Id.

Plaintiff subsequently filed a document styled "Motion to Dismiss for Failure to Comply with Demand for Trial" and addressed that document to the Municipal Court for the County of San Francisco. Docket no. 4. Other documents attached to that filing address the Superior Court for the County of San Diego and the U.S. District Court for the Southern District of California. Id. None of plaintiff's submissions complies with the filing requirements of the Federal Rules of Civil Procedure or the Local Rules of Practice.

Because plaintiff has not submitted a complaint that meets the requirements of Federal Rule of Civil Procedure 3, he has failed to comply with the court's order of July 31, 2009. Therefore the court will recommend that this matter be dismissed without prejudice.*fn1

Accordingly, IT IS HEREBY ORDERED that the clerk of court randomly assign this case to a district judge.

IT IS HEREBY RECOMMENDED that this matter be dismissed without prejudice, for plaintiff's failure to comply with the court's order of July 31, 2009.

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, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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