Bailey v. Unknown
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2018 ORDERING Clerk of Court to randomly assign a U.S. District Judge to this action and RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TODD BAILEY,
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No. 2:17-cv-2577 AC P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
UNKNOWN,
Defendant.
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Plaintiff, a state prisoner proceeding pro se, filed a document captioned “complaint of
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crimes” on December 8, 2017. ECF No. 1. The filing was not presented on the court’s form used
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to file a civil rights action, and it was difficult to understand. See id. Plaintiff appears to allege
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that someone was plotting against him and his family and was trying to kill him. Id. at 1.
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On January 12, 2018, the undersigned determined that the document did not constitute a
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pleading sufficient to commence an action. See ECF No. 4 at 1. Accordingly, the court denied
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the “complaint of crimes” without prejudice and ordered plaintiff to file a complaint that
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complied with the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of
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Practice. Id. at 2. Plaintiff was also directed to file an in forma pauperis application. Id. The
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Clerk of Court was directed to send plaintiff the court’s forms for a civil rights complaint and
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application to proceed in forma pauperis. Id. Thirty days have passed, and plaintiff has not filed
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either document, nor has he responded to the court’s order in any other way.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a
United States District Judge to this action.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for
failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b).
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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, plaintiff may file written objections
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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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DATED: April 11, 2018
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