(PC)Stroup v. Hartley ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KHALID AHMED STROUP, No. 2:21-cv-1283-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 ALICIA HARTLEY, 15 Defendant. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On September 29, 2021, the court found that plaintiff had submitted only the first 19 page of an application for leave to proceed in forma pauperis. ECF No. 7. 20 Accordingly, the court directed plaintiff to submit a completed application for leave to 21 proceed in forma pauperis. Id. The court also warned plaintiff that failure to do so would result 22 in this action being dismissed. Id. The time for acting has now passed and plaintiff has not paid 23 the filing fee, submitted another application for leave to proceed in forma pauperis, or otherwise 24 responded to the court’s order. 25 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 26 District Judge to this case. 27 ///// 28 ///// ] Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, any party may file written 5 || objections with the court and serve a copy on all parties. Such a document should be captioned 6 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 || objections shall be served and filed within fourteen days after service of the objections. The 8 | parties are advised that failure to file objections within the specified time may waive the right to 9 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 | v. Yst, 951 F.2d 1153 (9th Cir. 1991). 11 || Dated: November 16, 2021. tid, PDEA EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28