(PC) Driver v. Best ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BILL DRIVER, Jr., No. 2:22-cv-01542 TLN DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 BEST, et al., 14 Defendants. 15 16 Plaintiff is a county prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. On February 8, 2023, the court denied plaintiff’s motion to proceed in forma 18 pauperis and ordered that plaintiff pay the filing fee for this action within thirty days. (ECF No. 19 11.) Plaintiff was warned that failure to comply with court orders would result in an order 20 dismissing this case. (Id. at 2.) 21 More than thirty days have passed and plaintiff has not paid the filing fee for this action, 22 requested an extension of time to do so, or otherwise responded to the court’s orders. 23 Accordingly, it will be recommended that this action be dismissed for failure to pay the filing fee 24 and failure to comply with court orders. 25 Additionally, plaintiff has filed a motion for Chief Judge Kimberly J. Mueller to “review 26 and case [sic] investigation into prior and present judicial misconduct” as well as the 27 “reinstatement” of this and another action filed in this court. (ECF No. 13.) This motion appears 28 to effectively be a motion for reconsideration. A motion for reconsideration may only be noticed 1 | before the District Judge or the Magistrate Judge assigned or referred to the action. See Local 2 | Rule 230Q). To the extent plaintiff wishes to file a complaint under 28 U.S.C. § 351, sucha 3 | complaint must be filed with the Chief Judge of the circuit, not of this court. Accordingly, 4 | plaintiff's motion (ECF No. 13) will be denied without prejudice. 5 In accordance with the above, IT IS HEREBY ORDERED that plaintiffs motion for 6 | review and investigation of judicial conduct (ECF No. 13) is denied without prejudice. 7 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 8 || Local Rule 110; Fed. R. Civ. P. 41(b). 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)(). Within twenty-one days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 13 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 || objections within the specified time may waive the right to appeal the District Court’s order. 15 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 || Dated: March 24, 2023 17 18 19 .B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 DB:14 25 || DB/DB Prisoner Inbox/Civil Rights/R/driv1542.fr_dism 26 27 28