(PC) Johnson v. People of California ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN B. JOHNSON, Case No. 2:23-cv-02715-JDP (PC) 12 Plaintiff, ORDER 13 v. DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 14 PEOPLE OF CALIFORNIA, TO THIS MATTER 15 Defendant. FINDINGS AND RECOMMENDATIONS 16 THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO 17 PAY THE REQUIRED FILING FEE AND COMPLY WITH COURT ORDERS 18 OBJECTIONS DUE WITHIN FOURTEEN 19 DAYS 20 21 On November 29, 2023, I ordered plaintiff to submit, within thirty days, either the 22 required filing fee or a complete application to proceed in forma pauperis. ECF No. 4. I also 23 warned him that failure to comply with that order would result in a recommendation that this 24 action be dismissed. Id at 2. After plaintiff did not respond, on January 24, 2024, I ordered him 25 to show cause why this action should not be dismissed for failure to pay the filing fee, failure to 26 prosecute, and failure to comply with court orders. ECF No. 5. I directed plaintiff to either pay 27 the filing fee or submit a complete application to proceed in forma pauperis within twenty-one 28 1 | days. Id. To date, plaintiff has not submitted the required filing fee nor otherwise responded to 2 | the court’s orders. 3 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 4 | United States District Judge to this case. 5 Further, it is RECOMMENDED that this action be dismissed without prejudice for failure 6 | to pay the required filing fee, failure to prosecute, and failure to comply with court orders. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 | objections shall be served and filed within fourteen days after service of the objections. The 13 | parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 7 IT IS SO ORDERED. 18 ( 1 Oy — Dated: _ May 2, 2024 q——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28