(PC) Ford v. Fiori ( 2024 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARCEL D. FORD, 1:23-cv-01676-EPG (PC) 10 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 11 v. FINDINGS AND RECOMMENDATIONS, 12 FIORI, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITHOUT PREJUDICE 13 Defendant. 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN (14) DAYS 15 16 Plaintiff Marcel Ford is a state prisoner proceeding pro se in this civil rights lawsuit filed 17 pursuant to 42 U.S.C. § 1983. After Plaintiff failed to submit an application to proceed in forma 18 pauperis or pay the filing fee, the Court issued an order on December 6, 2023, giving Plaintiff 19 forty-five days to do either and warning of dismissal if Plaintiff failed to comply. (ECF No. 3). 20 The forty-five-day period has expired, and Plaintiff has failed to pay the filing fee, submit an IFP 21 application, or otherwise respond to the Court’s order. 22 Accordingly, IT IS ORDERED that the Clerk of Court shall assign a district judge to this 23 case. 24 And IT IS RECOMMENDED that: 25 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis pursuant to 26 28 U.S.C. § 1915; and 27 2. The Clerk of Court be directed to close this case. 28 1 3. Alternatively, if Plaintiff files a proper in forma pauperis application or pays the 2 | filing fee within fourteen (14) days, this Court will vacate these findings and recommendations. 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 (14) 5 | days after being served with these findings and recommendations, Plaintiff may file written 6 objections with the Court. Such a document should be captioned “Objections to Magistrate 7 Judge’s Findings and Recommendations.” 8 Plaintiff is advised that failure to file objections within the specified time may result in the 9 waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 10 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 11 | SO ORDERED. 12 Dated: _ January 29, 2024 [Jee ey 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28