(HC) Smith v. Nevada County Jail ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODY JAMES SMITH, Case No. 2:23-cv-01745-JDP (HC) 12 Petitioner, ORDER DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A 13 v. UNITED STATES DISTRICT JUDGE 14 NEVADA COUNTY JAIL, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 15 Respondent. FAILURE TO PAY THE FILING FEE, FAILURE TO PROSECUTE, AND FAILURE 16 TO COMPLY WITH COURT ORDERS 17 OBJECTIONS DUE WITHIN FOURTEEN DAYS 18 19 20 On August 22, 2023, I directed petitioner to either pay the required filing fee or submit a 21 complete application to proceed in forma pauperis. ECF No. 3. I granted him thirty days to 22 comply. Id. When petitioner did not, I ordered him, on October 13, 2023, to show cause within 23 twenty-one days why this action should not be dismissed for his failure to pay the filing fee, 24 failure to prosecute, and failure to comply with court orders. ECF No. 4. I notified him that if he 25 wished to continue with this action he must, within twenty-one days, either pay the required filing 26 fee or submit a complete application to proceed in forma pauperis. Id. I also warned him that 27 failure to comply with that order would result in a recommendation that this action be dismissed. 28 1 | 7d. 2 The deadline has passed, and petitioner has neither complied with nor responded to the 3 | October 13 order. Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly 4 | assign a United States District Judge to this case. 5 Further, it is hereby RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to pay the filing fee, failure to 7 | prosecute, and failure to comply with court orders, for the reasons set forth in the court’s October 8 13, 2023 order. 9 2. The Clerk of Court be directed to close the case. 10 These findings and recommendations are submitted to the United States District Judge 11 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days of 12 | service of these findings and recommendations, any party may file written objections with the 13 || court and serve a copy on all parties. Such document should be captioned “Objections to 14 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 15 | within fourteen days of service of the objections. The parties are advised that failure to file 16 | objections within the specified time may waive the right to appeal the District Court’s order. 17 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 18 | 1991). 19 20 IT IS SO ORDERED. 21 ( q Sty - Dated: _ November 30, 2023 q——— 22 JEREMY D. PETERSON 54 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28