(PC) Duque v. Ryan ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON ALLEN DUQUE, No. 2:20-cv-1974-EFB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 ADAM RYAN, et al., 14 Defendants. 15 16 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On October 14, 2020, the court found that plaintiff had failed to pay the $400 18 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and 19 submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). ECF No. 3. 20 Accordingly, the court directed the Clerk to send plaintiff another Application to Proceed 21 In Forma Pauperis and ordered plaintiff to submit the filing fee or the completed application 22 within thirty days. Id. The court also warned plaintiff that failure to do so would result in this 23 action being dismissed. Id. 24 In response, plaintiff filed a partial and unsigned application for leave to proceed in forma 25 pauperis. ECF No. 4. On November 9, 2020, the court informed plaintiff that his partial and 26 unsigned application must be disregarded. ECF No. 6. The court directed the Clerk to send 27 plaintiff another Application to Proceed In Forma Pauperis and ordered plaintiff to submit the 28 completed application within thirty days. Id. 1 The time for acting has now passed and plaintiff has not submitted the filing fee, a 2 || completed application for leave to proceed in forma pauperis or otherwise responded to the 3 || court’s order. 4 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 5 || District Judge to this case. 6 Further, it is RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 || after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be served and filed within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Turner vy. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 15 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 || Dated: December 14, 2020. > / EDMUND F. BRENNAN 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28