(PC) Murphy v. Nelson ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARLEEN MURPHY, No. 2:19-cv-1665 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 DAVID NELSON, 15 Defendant. 16 17 Plaintiff, a county inmate proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. By order dated December 23, 2019, plaintiff was ordered to submit a properly 19 completed in forma pauperis application within thirty days. (ECF No. 6.) Plaintiff was warned 20 that failure to comply with the court’s order would result in a recommendation that this action be 21 dismissed. Those thirty days have passed and plaintiff has not submitted a completed in forma 22 pauperis application, requested an extension of time to do so, updated her address, or otherwise 23 responded to the court’s order. Therefore, the court will recommend that this action be dismissed 24 for failure to prosecute and failure to comply with court orders. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 26 randomly assign a district judge to this action. 27 //// 28 //// 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 2 | Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 || Dated: March 10, 2020 11 12 13 ORAH BARNES pLBs12 UNITED STATES MAGISTRATE JUDGE 14 | □□□□□□□□□□□□□□□□□□□□□□□□□ Rights/murp1665.f&r.dism 15 16 17 18 19 20 21 22 23 24 25 26 27 28