(PC) Kutterer v. Solano County Jail ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS KUTTERER, No. 2:23-cv-1214 CKD P 12 Plaintiff, 13 v. ORDER AND 14 SOLANO COUNTY JAIL, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 On August 17, 2023, the court reviewed plaintiff’s second application to proceed in forma 18 pauperis. Plaintiff was informed the application was deficient in that the “certificate” portion of 19 the request which must be completed by plaintiff’s institution of incarceration had not been filled 20 out. This deficiency also appeared in plaintiff’s first application to proceed in forma pauperis. 21 Plaintiff was granted leave to file a third application and was warned “[i]f the certificate portion 22 of the third application to proceed in forma pauperis is not filled out, or if the application is not 23 complete in some other respect, the court will recommend that this action be dismissed without 24 prejudice.” 25 Plaintiff submitted his third application on August 31, 2023, and the “certificate” portion 26 is still not complete. 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs motion to proceed in forma pauperis (ECF No. 9) is denied; and 3 2. The Clerk of the Court assign a District Court Judge to this case. 4 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 9 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 11 (9th Cir. 1991). 12 | Dated: September 28, 2023 / aa / a Ly a 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 | 1 kutt1214.fifp 18 19 20 21 22 23 24 25 26 27 28