United States District Court, E.D. California
December 2, 2014
MICHAEL RENEE LIEVRE, Plaintiff,
CSP STATE PRISON, et al., Defendant
Gary Dale Barger, also known as Gary Fisher, Plaintiff, Pro se, STOCKTON, CA.
ORDER and FINDINGS AND RECOMMENDATIONS
DALE A. DROZD, UNITED STATES DISTRICT JUDGE.
By order filed September 29, 2014, plaintiff was directed to submit, within thirty days, a completed affidavit in support of his request to proceed in forma pauperis, including a certified copy of his prison trust account statement for the six-month period preceding the filing of his complaint. (See ECF No. 11.) Plaintiff was informed that " failure to comply with this order will result in a recommendation that this action be dismissed without prejudice." (Id. at 2.)
The thirty day period has now expired, and plaintiff has not submitted the required matters or otherwise responded to the court's order. Therefore, the court will recommend dismissal of this action without prejudice.
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this action.
Further, 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)(1). Within fourteen 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." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are 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).