(PC) Jessy Wootten v. Jared D. Lozano ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSY WOOTTEN, No. 2:20-cv-0837-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JARED D. LOZANO, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On April 27, 2020, the court found that plaintiff had failed to pay the $400 filing 19 fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the 20 affidavit and trust account statement required by 28 U.S.C. § 1915(a). ECF No. 8. 21 Accordingly, the court directed the Clerk to send plaintiff another Application to Proceed 22 In Forma Pauperis and ordered plaintiff to submit the filing fee or the completed application 23 within thirty days. Id. The court also warned plaintiff that failure to do so would result in this 24 action being dismissed. Id. The time for acting has now passed and plaintiff has not submitted 25 the filing fee, a completed application for leave to proceed in forma pauperis or otherwise 26 responded to the court’s order.1 27 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 28 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of wOAOe COUN VOU □□ RYE DO MUVUITIOCI SG POR Vee YY eV 1 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 2 | District Judge to this case. 3 Further, it is RECOMMENDED that this action be dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 6 || after being served with these findings and recommendations, any party may file written 7 || objections with the court and serve a copy on all parties. Such a document should be captioned 8 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 | objections shall be served and filed within fourteen days after service of the objections. The 10 || parties are advised that failure to file objections within the specified time may waive the right to 11 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 12 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 13 || Dated: June 12, 2020. 14 Dating : heh bie 1s EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 || the party is fully effective.