(PC) Cramer v. Estrada ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LORENZO D. CRAMER, Case No.: 1:19-cv-00112 JLT (PC) 12 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATIONS TO DISMISS WITHOUT PREJUDICE 14 R. ESTRADA, et al., FOR FAILURE TO FILE AN APPLICATION TO PROCEED IN FORMA 15 Defendant. PAUPERIS OR PAY FILING FEE 16 17 By an order filed July 1, 2019, the Court ordered the plaintiff to pay the filing fee or to file 18 a completed in forma pauperis affidavit and a certified copy of his prison trust account statement. 19 The Court cautioned him that his failure to do so would result in a recommendation that this 20 action be dismissed. The thirty-day period has now expired, and the plaintiff has not responded 21 to the Court’s order and has not filed the required documents. Thus, the Court ORDERS the 22 Clerk of the Court to assign a district judge to this case, and the Court RECOMMENDS that this 23 action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 1 objections shall be filed and served within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 IT IS SO ORDERED. 5 6 Dated: September 23, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28