(PC) Abraria v. Murphy ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGROY RALPH ABRARIA, No. 2:23-cv-1625 AC P 12 Plaintiff, ORDER AND FINDINGS AND 13 v. RECOMMENDATIONS 14 BRYAN MURPHY, et al., 15 Defendants. 16 17 By an order filed August 11, 2023, plaintiff was ordered to file a completed in forma 18 pauperis application on the form provided by the court and was cautioned that failure to do so 19 would result in a recommendation that this action be dismissed. ECF No. 4. After plaintiff failed 20 to file a completed application, he was given an additional twenty-one days to file a new 21 application or submit a certified trust account statement and warned that failure to comply would 22 result in a recommendation that this action be dismissed without further warning. ECF No. 5. 23 The twenty-one-day period has now expired, and plaintiff has not filed an application to proceed 24 in forma pauperis, paid the filing fee, or otherwise responded to the court’s orders. 25 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 26 directed to assign a district judge to this case; and 27 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 28 These findings and recommendations are submitted to the United States District Judge 1 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 2 || after being served with these findings and recommendations, plaintiff may file written objections 3 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 4 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 5 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 6 | (Oth Cir. 1991). 7 || DATED: November 3, 2023 ~ 8 Htttenr— Lhor—e_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28