(PC) Fitzgerald v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS FITZGERALD, No. 2:21-cv-0079 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CDCR, et al., 15 Defendants. 16 17 On January 22, 2021, plaintiff was ordered to file a pleading that complied with the 18 Federal Rules of Civil Procedure and the Local Rules of Practice, as well as to submit an 19 application to proceed in forma pauperis or to pay the filing fee. See ECF No. 3. Plaintiff was 20 given thirty days to do so. See id. at 2. At that time, plaintiff was warned that failure to comply 21 with the court’s directives would result in a recommendation that this action be dismissed. See 22 id. at 2. 23 The thirty-day period for plaintiff to comply with the court’s order and either file an in 24 forma pauperis application or pay the filing fee ended in February 2021. Although plaintiff had 25 neither complied with the order nor communicated with the court in any way, on March 11, 2021, 26 the court provided plaintiff yet another thirty-day period within which to comply. See ECF No. 4. 27 More than thirty days later, plaintiff has once again failed to comply with the court’s order or 28 respond to it in any way. ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 2 || District Court Judge to this action. 3 IT IS FURTHER RECOMMENDED that this action be SUMMARILY DISMISSED for 4 | failure to file a proper pleading and for failure to file an application to proceed in forma pauperis 5 || or, in the alternative, to pay the filing fee. 6 These findings and recommendations are 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 twenty-one days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 10 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 12 | (9th Cir. 1991). 13 || DATED: May 4, 2021 . 14 Athen Lane 15 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28