IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 29, 2011
JIMMIE EARL STEPHEN, APPELLANT,
ALAN S. FUKUSHIMA, ET AL.,
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
ORDER AND FINDINGS AND RECOMMENDATIONS
Appellant is a state prisoner proceeding pro se with a bankruptcy action before the Ninth Circuit's Bankruptcy Appellate Panel. The BAP has referred this matter to this district court for the limited purpose of ruling on appellant's request for leave to proceed in forma pauperis. On June 2, 2011, appellant was ordered to file a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint, and an affidavit in support of his request to proceed in forma pauperis, within 21 days. Plaintiff has failed to comply with that order.
Accordingly, IT IS ORDERED that: the Clerk of the Court serve a copy of this order on the Bankruptcy Appellate Panel of the Ninth Circuit (BAP case number EC-10-1511).
IT IS HEREBY RECOMMENDED that: appellant's request to proceed in forma pauperis be denied.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within seven (7) days after being served with these findings and recommendations, appellant 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." Appellant 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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