(PC) Fleming v. Pallares ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STARLENA FLEMING, 1:20-cv-00779-JLT (PC) 12 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE; 13 v. FINDINGS AND RECOMMENDATIONS TO DISMISS FOR FAILURE TO 14 M. PALLARES, et al., RESPOND TO COURT ORDER AND FAILURE TO PROSECUTE 15 Defendants. FOURTEEN-DAY DEADLINE 16 17 18 By order filed January 15, 2021, plaintiff was directed to submit an application to proceed in 19 forma pauperis or to pay the filing fee in full. The deadline to respond to the court order has now 20 passed, and plaintiff has not responded or sought of extension of time to do so. Accordingly, the 21 Court ORDERS that a district judge be assigned to this case; and 22 The Court RECOMMENDS that this action be dismissed without prejudice for failure to 23 comply with a court order and failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after 26 being served with these findings and recommendations, plaintiff may file written objections with 27 the court and serve a copy on all parties. Such a document should be captioned “Objections to 28 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 IT IS SO ORDERED. 4 5 Dated: March 15, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28