(PC) Mckenzie v. Moreno ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JAMAL DELANO MCKENZIE, 1:23-cv-01071-EPG (PC) 10 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 11 v. FINDINGS AND RECOMMENDATIONS, 12 CARISSA MORENO, et al. RECOMMENDING THAT THIS ACTION BE DISMISSED, WITHOUT PREJUDICE 13 Defendants. 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN (14) DAYS 15 16 17 Plaintiff Jamal Delano McKenzie is a state prisoner proceeding pro se in this civil rights 18 lawsuit filed pursuant to 42 U.S.C. § 1983. After Plaintiff failed to submit an application to 19 proceed in forma pauperis or pay the filing fee, the Court issued an order on July 19, 2023, giving 20 Plaintiff forty-five days to do either and warning of dismissal if Plaintiff failed to comply. (ECF 21 No. 4). The forty-five-day period has expired, and Plaintiff has failed to pay the filing fee, submit 22 an IFP application, or otherwise respond to the Court’s order. 23 Accordingly, IT IS ORDERED that the Clerk of Court shall assign a district judge to this 24 case. 25 And IT IS RECOMMENDED that: 26 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing 27 fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis pursuant to 28 1 | 28 U.S.C. § 1915; and 2 2. The Clerk of Court be directed to close this case. 3 3. Alternatively, if Plaintiff files a proper in forma pauperis application or pays the 4 | filing fee within fourteen (14) days, this Court will vacate these findings and recommendations. 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)(1). Within fourteen (14) 7 | days after being served with these findings and recommendations, Plaintiff may file written 8 | objections with the Court. Such a document should be captioned “Objections to Magistrate 9 | Judge’s Findings and Recommendations.” 10 Plaintiff is advised that failure to file objections within the specified time may result in the 11 | waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 12 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 4 IT IS SO ORDERED. 15 | Dated: _ September 14, 2023 [sf ey — 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28