(PC) McNutt v. Doe ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN KEITH MCNUTT, No. 2:20-cv-0780 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JOHN DOE, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. ECF No. 1. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 By order issued June 30, 2020, plaintiff was ordered to file a completed in forma pauperis 21 affidavit and a certified copy of his prison trust account statement, and he was cautioned that 22 failure to do so would result in a recommendation that this action be dismissed. The twenty-one- 23 day period has now expired, and plaintiff has not filed the required documents. 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court shall 25 randomly assign a District Court Judge to this case, and 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days wOAOe 2 EUV POU RENN RMU Ia eee PY ee 1 | after being served with these findings and recommendations, plaintiff may file written objections 2 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 3 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 5 | (th Cir. 1991). 6 | DATED: July 27, 2020 ~ 7 Cthten— Lape ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28