(HC) Cook v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD D. COOK, No. 2:20-cv-2108 AC P 12 Petitioner, ORDER AND FINDINGS AND 13 v. RECOMMENDATIONS 14 UNKNOWN, 15 Respondent. 16 17 By order filed October 27, 2020, petitioner was ordered to file a petition and to either pay 18 the filing fee or file an application for leave to proceed in forma pauperis within thirty days and 19 cautioned that failure to do so would result in a recommendation that this action be dismissed. 20 ECF No. 3. After petitioner failed to take any action, he was given an additional twenty-one days 21 to comply with the order and reminded that failure to comply would result in a recommendation 22 that this action be dismissed. ECF No. 4. The twenty-one-day period has now expired, and 23 petitioner has not responded to the court’s order and has not filed the required documents or paid 24 the filing fee. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 26 assign a United States District Judge to this action. 27 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 28 These findings and recommendations are submitted to the United States District Judge 1 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 2 || after being served with these findings and recommendations, petitioner may file written 3 || objections with the court. Such a document should be captioned “Objections to Magistrate 4 || Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 5 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 6 || Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 | DATED: January 26, 2021 ~ 8 Hthren— Lhar—e_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28