(PC) Van den Heuvel v. El Dorado County Judicials ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MARK VAN DEN HEUVEL, No. 2:23-cv-01523 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 EL DORADO COUNTY JUDICIALS, et al., 15 Defendants. 16 17 18 19 Plaintiff, a former county detainee, filed this pro se civil rights action pursuant to 42 20 U.S.C. § 1983. Plaintiff initiated this action on June 9, 2023, but did not file an application to 21 proceed in forma pauperis (“IFP”) or pay the filing fee. (ECF No. 1.) On August 3, 2023, the 22 court issued an order directing plaintiff to submit, within 30 days, either the $350 filing fee plus 23 the $52 administrative fee or a motion to procced IFP. (ECF No. 4.) Plaintiff was warned that 24 failure to comply with the order would result in a recommendation that this action be dismissed 25 without prejudice. (Id.) 26 Those thirty days have passed and plaintiff has not filed a motion to proceed IFP, paid the 27 filing fee, or otherwise responded to the court’s order. Accordingly, the undersigned 28 //// 1 || recommends that this action be dismissed without prejudice for failure to prosecute and failure to 2 || comply with a court order. 3 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the 4 | Court randomly assign a district judge to this action. 5 IT IS RECOMMENDED that: 6 1. This action be dismissed without prejudice; and 7 2. The Clerk of the Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one (21) 10 | days after being served with these findings and recommendations, plaintiff may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 13 | failure to file objections within the specified time may waive the right to appeal the District 14 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 16 || Dated: September 26, 2023 18 BORAH BARNES 19 UNITED STATES MAGISTRATE JUDGE 20 21 29 || DB:15 DB/DB Prisoner Inbox/Civil Rights/R/vand1523.ifp.fr 23 24 25 26 27 28