Herrera v. Jessica

Filing 4

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/18/2017 ORDERING the Clerk to randomly assign a US District Judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,

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No. 2:17-cv-2293-EFB P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

JESSICA,
Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On November 7, 2017, the court found that plaintiff had failed to pay the $400

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filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and

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submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Accordingly,

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the court ordered plaintiff to submit either the filing fee or the application required by § 1915(a)

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within thirty days and warned him that failure to do so may result in this action being dismissed.

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ECF No. 3. The time for acting has passed and plaintiff has not paid the filing fee, submitted an

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application for leave to proceed in forma pauperis or otherwise responded to the court’s order.

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Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States
District Judge to this case.

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Further, it is RECOMMENDED that this action be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: December 18, 2017.

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