(PC) Brown v. Wright ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN K. BROWN, Case No. 2:23-cv-02321-JDP (PC) 12 Plaintiff, ORDER 13 v. DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 14 WRIGHT, et al., TO THIS MATTER 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO 17 PAY THE REQUIRED FILING FEE AND COMPLY WITH COURT ORDERS 18 OBJECTIONS DUE WITHIN FOURTEEN 19 DAYS 20 21 On November 29, 2023, I ordered plaintiff to submit, within thirty days, either the 22 required filing fee or a complete application to proceed in forma pauperis. ECF No. 8. I also 23 warned him that failure to respond to the order would result in a recommendation that this action 24 be dismissed. Id at 2. Plaintiff did not comply with that order, and on December 14, 2023, the 25 court received a notice stating, “MAIL RETURNED as Undeliverable; Parole Attempted not 26 known.”1 27 1 A search of the CDCR Incarcerated Records and Information Search does not list 28 plaintiff as currently in CDCR custody. 1 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 2 | United States District Judge to this case. 3 Further, it is RECOMMENDED that this action be dismissed without prejudice for failure 4 | to pay the required filing fee and failure to comply with court orders. 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ January 9, 2024 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28