(PC) Beck v. Pallares ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHERRY BECK, ) Case No.: 1:20-cv-00760-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 M. PALLARES, et.al., ) ) FINDINGS AND RECOMMENDATION 15 Defendants. ) RECOMMENDING DISMISSAL OF ACTION ) FOR FAILURE TO COMPLY WITH A COURT 16 ) ORDER AND FAILURE TO PROSECUTE ) 17 ) (ECF Nos. 5, 6) 18 Plaintiff Sherry Beck is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 19 1983. 20 Plaintiff filed the instant action on June 1, 2020. On June 2, 2020, the Court directed Plaintiff 21 to submit a signed application to proceed in forma pauperis or pay the $400.00 filing fee within thirty 22 days. (ECF No. 5.) Plaintiff failed to comply with the Court’s order. Therefore, on July 14, 2020, the 23 Court ordered Plaintiff to show cause within fourteen days why the action should not be dismissed. 24 (ECF No. 6.) Plaintiff has not filed a response to the order to show cause and the time to do so has 25 expired. Plaintiff was warned that dismissal would occur if he failed to obey the order. 26 A civil action may not proceed absent the submission of either the filing fee or a completed 27 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to 28 comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) wOAOe UV EU INI SPN OC OI Ee OY ee 1 || Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. 2 Accordingly, it is HEREBY ORDERED that the Clerk of Court randomly assign a Fresr 3 || District Judge to this action. 4 Further, it is HEREBY RECOMMENDED that this action be dismissed, without prejudice, f 5 || failure to pay the filing fee or file a completed application to proceed in forma pauperis. 6 This Findings and Recommendation will be submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days 8 || after being served with this Findings and Recommendation, Plaintiff may file written objections with 9 the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 10 || Recommendation.” Plaintiff is advised that failure to file objections within the specified time may 11 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 12 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IS SO ORDERED. A (re 15 Dated: _ August 7, 2020 IF 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28