(PC) Wilbourn v. Shasta County Superior Court ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HARVEY L. WILBOURN, No. 2:23-cv-01681-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SHASTA COUNTY SUPERIOR COURT, 15 Defendants. 16 17 By an order filed August 22, 2023, plaintiff was ordered to file a completed in forma 18 pauperis affidavit and a certified copy of his institutional trust account statement, and was 19 cautioned that failure to do so would result in a recommendation that this action be dismissed.1 20 The thirty-day period has now expired, and plaintiff has not responded to the court’s order and 21 has not filed the required documents. 22 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 23 directed to assign a district judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 1 Although it appears from the file that plaintiff’s copy of the August 22, 2023 order was returned, 27 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 28 address of the party is fully effective. 1 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 2 | after being served with these findings and recommendations, plaintiff may file written objections 3 | with the court and serve a copy on all parties. Such a document should be captioned 4 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 5 | failure to file objections within the specified time may waive the right to appeal the District 6 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). Dota EBL 8 || Dated: December 6, 2023 Zod l bil 7 CLACL 9 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28