(PC) Dupree v. Lynch ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD JOSE DUPREE, Jr., No. 2:21-cv-0859 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 J. LYNCH, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 U.S.C. § 1983. 18 By order dated May 17, 2021 plaintiff was ordered to file a motion to proceed in forma 19 pauperis or pay the filing fee within thirty days. (ECF No. 3.) Those thirty days have passed, and 20 plaintiff has not filed an in forma pauperis application, paid the filing fee, requested additional 21 time to do so, or otherwise responded to the court’s order. Plaintiff was advised that failure to 22 comply with that order would result in a recommendation that this action be dismissed. 23 Accordingly, the court will recommend that this action be dismissed for failure to prosecute and 24 failure to comply with court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41. 25 //// 26 //// 27 //// 28 //// 1 For the reasons set forth above, the Clerk of the Court is ORDERED to randomly assign 2 | this action to a district judge. 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District Judge 5 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 6 | being served with these findings and recommendations, plaintiff may file written objections with 7 | the court and serve a copy on all parties. Such a document should be captioned “Objections to 8 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 9 | objections within the specified time may waive the right to appeal the District Court’s order. 10 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: July 6, 2021 12 13 14 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 DB:12 20 | pBype Prisoner Inbox/Civil Rights/R/dupr0859.f8r.dism 21 22 23 24 25 26 27 28