(PC) Escudero v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ANTHONY ESCUDERO, No. 2:20-cv-2450 AC P 12 Plaintiff, ORDER AND FINDINGS AND 13 v. RECOMMENDATIONS 14 UNKNOWN, 15 Defendant. 16 17 By order filed December 22, 2020, plaintiff was ordered to file a complaint and either pay 18 the filing fee or submit an application to proceed in forma pauperis within thirty days. ECF No. 19 3. After he failed to do so, he was given an additional fourteen days to comply and warned that 20 failure to do so would result in a recommendation that this action be dismissed. ECF No. 6. The 21 fourteen-day period has now expired, and plaintiff has not filed a complaint or application to 22 proceed in forma pauperis, paid the filing fee, or otherwise responded to the order. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 24 randomly assign a District Judge to this case. 25 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 2 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 4 | (9th Cir. 1991). 5 || DATED: March 8, 2021 ~ 6 Htttenr— Lhor—e_ ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28