Opinion
No. 2:17-cv-01943 KJM AC P
06-13-2018
MICHAEL DEWAYNE ALLEN, Plaintiff, v. C.O. ELHERS, Defendant.
FINDINGS AND RECOMMENDATIONS
Plaintiff is a former state prisoner proceeding pro se with a complaint challenging conditions of his prior confinement at California State Prison Sacramento. By order filed May 1, 2018, the court directed plaintiff to submit a non-prisoner application to proceed in forma pauperis within thirty days. See ECF No. 10. Plaintiff was informed that failure to timely comply with the court's order would result in a recommendation that this action be dismissed without prejudice. Id. at 2. The thirty-day period has expired, and plaintiff has not responded to the court's order.
Plaintiff previously filed a prisoner application to proceed in forma pauperis, ECF No. 8, which is no longer applicable. --------
Accordingly, 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 (14) days after service of these findings and recommendations, plaintiff may file written objections with the court. 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. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: June 13, 2018
/s/_________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE