(PC) Fowler v. Marc ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN CHARLES BEGBIE FOWLER, Case No. 2:22-cv-02131-JDP (PC) 12 Plaintiff, 13 v. ORDER; FINDINGS AND RECOMMENDATIONS 14 JAROLD MARC, 15 Defendant. 16 17 This action was opened when John Fowler submitted an unsigned complaint. ECF No. 1. 18 On December 8, 2022, I notified Mr. Fowler that he had not properly commenced a civil action 19 because he had not signed the complaint, and that he needed either to submit a complete 20 application to proceed in forma pauperis or to pay the filing fee. ECF No. 4; see Fed. R. Civ. P. 3 21 (“A civil action is commenced by filing a complaint with the court.”). I granted him thirty days 22 to comply with that order and warned him that failure to do so would result in this case being 23 closed. Id. Mr. Fowler failed to comply with that order by the deadline; accordingly, on March 24 3, 2023, I ordered him to show cause for why this action should not dismissed. ECF No. 5. 25 To date, Mr. Fowler has not complied with either the December 8 or March 3 orders or 26 otherwise responded. Consequently, there is no case before the court. See Fed. R. Civ. P. 3. 27 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 28 United States District Judge to this case. 1 Further, it is hereby RECOMMENDED that the Clerk of Court be directed to close the 2 | case. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 | objections shall be served and filed within fourteen days after service of the objections. The 9 | parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ April 27, 2023 q——— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28