Reed v. Messner

Full title: ANDREW G. REED, Plaintiff, v. DAN N. MESSNER, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 5, 2011

CIV S-11-0283 EFB P (E.D. Cal. Apr. 5, 2011)

Opinion

ANDREW G. REED, Plaintiff, v. DAN N. MESSNER, Defendant. No. CIV S-11-0283 EFB P United States District Court, E.D. California. April 5, 2011

          ORDER AND FINDINGS AND RECOMMENDATIONS

          EDMUND F. BRENNAN, Magistrate Judge.

         On February 8, 2011, the court found that plaintiff's application to proceed in forma pauperis failed to include the certified copy of his trust account statement or institutional equivalent required by 28 U.S.C. § 1915(a)(2). The court ordered plaintiff to submit the required trust statement within 30 days and warned him that failure to do so would result in a recommendation that this action be dismissed.

         The 30-day period has expired and plaintiff has not filed an in forma pauperis affidavit or paid the appropriate filing fee or otherwise responded to that order.

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

         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)(l). 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." 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).