(PC) Samaro v. Barrera ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR FERNANDO SAMARO, No. 2:19-cv-1690 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 BARRERA, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. ECF No. 1. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 5, 2019, the undersigned directed plaintiff to file an application to proceed 21 in forma pauperis within thirty days. See ECF No. 3. At that time, plaintiff was warned that 22 failure to comply with the court’s order would result in a recommendation that this action be 23 dismissed. See id. at 2. 24 More than thirty days have passed, and plaintiff has neither filed an application nor 25 responded to the court’s order in any way. Federal Rule of Civil Procedure 41(b) and Local Rule 26 110 permit the sanction of dismissal of an action for failure to prosecute and/or obey a court 27 order. See Fed. R. Civ. P. 41(b); see also L.R. 110 (E.D. Cal. 2009). 28 //// 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 2 | District Court Judge to this action. 3 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 4 | for failure to prosecute and for failure to obey a court order. 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 twenty-one days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 || with the court. Such a 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. Ylst, 951 F.2d 1153 11 | (9th Cir. 1991). 12 | DATED: December 3, 2019 ~ 13 Hhthren— Char ALLISON CLAIRE 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28