(PC) Hickman v. Unknown ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN DUANE HICKMAN, No. 2:23-cv-0755 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. By order filed May 18 11, 2023, plaintiff’s complaint was dismissed, and thirty days leave to file an amended complaint 19 was granted. Thirty days from that date have passed, and plaintiff has not filed an amended 20 complaint. 21 On May 19, 2023, plaintiff filed a notice in which he appears to claim that he is seeking to 22 discharge a probation violation in the instant action. (ECF No. 9 at 2-3.) This document is not an 23 amended complaint. In the May 11, 2023 order screening the complaint, the undersigned 24 observed that in case no. 2:10-cr-00246, plaintiff pled guilty to possession of stolen mail. (ECF 25 No. 5 at 3.) The undersigned advised plaintiff that if the claims raised in the instant action 26 concerned case 2:10-cr-00246, these claims should be raised in case 2:10-cr-00246. (Id.) 27 Plaintiff’s claims regarding a probation violation, raised in his May 19, 2023 pleading, should be 28 raised in the criminal action where the alleged probation violation occurred. 1 On June 12, 2023, plaintiff objected to the withdrawal of filing fees from his inmate trust 2 || account claiming he sent an “International Bill of Exchange” as payment. (ECF No. 10 at 1.) As 3 || explained in the May 11, 2023 screening order, plaintiff is required to pay the statutory filing fee 4 | for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). The Clerk’s Office accepts payments made by 5 || check, money order, and cashier’s check by mail or at the intake counter. See E.D. Cal. Website 6 || at https://www.caed.uscourts.gov/caednew/index.cfm/clerks-office/paying-fees-and-financial- 7 || information (accessed June 15, 2023). Thus, the submission of an “International Bill of 8 | Exchange” is ineffective to pay the filing fee. 9 Based on plaintiff's failure to file an amended complaint, as directed in the May 11, 2023 10 || screening order, the undersigned recommends that this action be dismissed. 1] In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 12 | directed to assign a district judge to this case; and 13 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 14 | 110; Fed. R. Civ. P. 41(b). 15 These findings and recommendations are submitted to the United States District Judge 16 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 17 || after being served with these findings and recommendations, plaintiff may file written objections 18 || with the court and serve a copy on all parties. Such a document should be captioned 19 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 20 | failure to file objections within the specified time may waive the right to appeal the District 21 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 22 | Dated: June 29, 2023 Aectl Aharon 24 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 25 26 micko755.fta 27 28