(PC) Ernst v. Fabian et al
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 1/27/2025 DIRECTING the Clerk of the Court to assign a district judge to this case, and RECOMMENDING that this action be dismissed without prejudice. Senior District Jud ge William B. Shubb and Magistrate Judge Chi Soo Kim assigned for all further proceedings. Referred to Senior District Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:24-cv-2949-WBS-CSK P. (Deputy Clerk HAH)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT KEITH ERNST,
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No. 2:24-cv-2949 CSK P
Plaintiff,
v.
CARL FABIAN, et al.,
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ORDER AND FINDINGS AND
RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. For the following reasons, this Court recommends that this action be
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dismissed.
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Plaintiff filed his complaint on October 25, 2024. (ECF No. 1.) Plaintiff did not pay the
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filing fee or file an application to proceed in forma pauperis. Accordingly, on November 5, 2024,
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this Court granted plaintiff thirty days to pay the filing fee or file an application to proceed in
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forma pauperis. (ECF No. 3.) Thirty days passed and plaintiff did not pay the filing fee or file an
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application to proceed in forma pauperis. However, plaintiff filed an amended complaint on
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November 15, 2024 and a motion for a temporary restraining order on December 13, 2024. (ECF
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Nos. 4, 5.) Because it appeared that plaintiff intended to prosecute this action, on December 17,
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2024 this Court granted plaintiff thirty days to pay the filing fee or file an application to proceed
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in forma pauperis. (ECF No. 6.) In the order filed December 17, 2024, this Court advised
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plaintiff that the Court would address plaintiff’s motion for a temporary restraining order after
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plaintiff paid the filing fee or filed an application to proceed in forma pauperis. (Id.) In the
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December 17, 2024 order, this Court also warned plaintiff that failure to comply with the order
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would result in a recommendation of dismissal of this action. (Id.) Thirty days passed from
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December 17, 2024, and plaintiff did not pay the filing fee or file an application to proceed in
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forma pauperis.
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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district judge to this case; and
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IT IS HEREBY 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, plaintiff may file written objections
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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.” Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: January 27, 2025
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