Smith v. Novoa ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CANDACE SMITH, Case No. 1:24-cv-00251-EPG 12 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATIONS, 14 RECOMMENDING THAT THIS ACTION BE DANNETTE NOVA, et al., DISMISSED, WITHOUT PREJUDICE 15 Defendants. OBJECTIONS, IF ANY, DUE WITHIN THIRTY 16 (30) DAYS 17 18 19 On February 29, 2024, Plaintiff Candace Smith, proceeding pro se, filed this civil action. 20 (ECF No. 1). Although Plaintiff filed an application to proceed in forma pauperis (IFP), the Court 21 denied it without prejudice on March 4, 2024, because of conflicting and missing information in 22 the application. (ECF No. 3). The Court directed the Clerk of Court to send Plaintiff the long- 23 form IFP application and gave Plaintiff 45 days to submit the IFP application or to pay the filing 24 fee. And the Court warned Plaintiff that, “[f]ailure to comply with this order may result in 25 dismissal of this action.” (Id. at 4). 26 The forty-five-day period has expired, and Plaintiff has failed to submit an IFP 27 application, pay the filing fee, or otherwise respond to the Court’s order. 28 1 Accordingly, IT IS ORDERED that the Clerk of Court is respectfully directed to assign a 2 | District Judge to this case. 3 Further, IT IS RECOMMENDED that: 4 1. This action be dismissed, without prejudice, for Plaintiff's failure to pay the filing 5 || fee pursuant to 28 U.S.C. § 1914 or to file an IFP application pursuant to 28 U.S.C. § 1915; and 6 2. The Clerk of Court be directed to close this case.! 4 These findings and recommendations are submitted to the United States District Judge g assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty (30) days 9 after being served with these findings and recommendations, Plaintiff may file written objections with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may result in the 2 waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 13 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 | SO ORDERED. | Dated: _May 1, 2024 [see hey 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 a ' Alternatively, if Plaintiff properly files an IFP application or pays the filing fee within thirty (30) days, 28 | this Court will vacate these findings and recommendations.