(PC) Foster v. Russell ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JOE FOSTER, Sr., No. 2:19-cv-2162-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 ELLIOT, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On October 30, 2019, the court found that plaintiff had failed to pay the $400 19 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and 20 submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). ECF No. 5. 21 Accordingly, the court directed the Clerk to send plaintiff another Application to Proceed 22 In Forma Pauperis and ordered plaintiff to submit the filing fee or the completed application 23 within thirty days. Id. The court also warned plaintiff that failure to do so would result in this 24 action being dismissed. Id. The time for acting has now passed and plaintiff has not submitted 25 the filing fee, a completed application for leave to proceed in forma pauperis or otherwise 26 responded to the court’s order. 27 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 28 District Judge to this case. 1 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. Vist, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: December 4, 2019. 12 Lilie BEMA □□ EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28