(PC) Cox v. Bal ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST LEE COX, JR., No. 2:22-cv-0804-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 BAL, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On May 17, 2022, the court found that plaintiff had neither paid the filing fee nor 19 submitted an application for leave to proceed in forma pauperis in accordance with 28 U.S.C. § 20 1915(a). ECF No. 3. 21 Accordingly, the court directed plaintiff to submit either the filing fee or the application 22 required by § 1915(a) within thirty days. Id. The court also warned plaintiff that failure to do so 23 would result in this action being dismissed. Id. The time for acting has now passed and plaintiff 24 has not paid the filing fee, submitted an application for leave to proceed in forma pauperis, or 25 otherwise responded to the court’s order. 26 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 27 District Judge to this case. 28 ///// ] Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, any party may file written 5 || objections with the court and serve a copy on all parties. Such a document should be captioned 6 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 || objections shall be served and filed within fourteen days after service of the objections. The 8 | parties are advised that failure to file objections within the specified time may waive the right to 9 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: June 21, 2022. 12 □□ PDEA EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28