(PC) Cervantes v. Porter ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL VALENZUELA CERVANTES, No. 2:22-cv-1961 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 PORTER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 1, 2022, plaintiff filed an incomplete application to proceed in forma 21 pauperis. ECF No. 2. As a result, on November 15, 2022, plaintiff was ordered to file a 22 completed in forma pauperis affidavit and a certified copy of his prison trust account statement. 23 ECF No. 4. He was given thirty days to do so, and he was cautioned that failure to comply with 24 the court’s order would result in a recommendation that this action be dismissed. Id. at 2. 25 On November 28, 2022, plaintiff filed a second in forma pauperis application. ECF No. 8. 26 It, too, was incomplete. Consequently, on December 21, 2022, plaintiff was ordered for a second 27 time to file the requisite documents, and he was given an additional thirty days to do so. ECF No. 28 9. ] More than thirty days have passed, and plaintiff has not filed an in forma pauperis 2 || application. In addition, the late-filed prisoner trust fund account statement is not signed by the 3 || appropriate authority. See ECF No. 11 at 3. For these reasons, the undersigned will recommend 4 || that this matter be dismissed for failure to file a completed in forma pauperis application or, in the 5 || alternative, to pay the filing fee. 6 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 7 || District Judge to this case. 8 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice. 9 These findings and recommendations are submitted to the United States District Judge 10 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 13 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 14 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 15 | (9th Cir. 1991). 16 | DATED: March 8, 2023 * 17 Htttenr— Lhor—e_ ALLISON CLAIRE 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28