(PC) Cisneros v. Rowland

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MATTHEW CISNEROS, CASE NO. 1:24-CV-01070-EPG (PC) 10 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 11 v. AND 12 D.ROWLAND, et al., FINDINGS AND RECOMMENDATIONS 13 Defendants. TO DISMISS THIS ACTION WITHOUT 14 PREJUDICE FOR FAILURE TO PAY A FILING FEE OR SUBMIT AN APPLICATION 15 TO PROCEED IN FORMA PAUPERIS 16 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 17 18 Plaintiff Matthew Cisneros is a state prisoner proceeding pro se in this civil rights lawsuit 19 filed pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing a complaint on 20 September 9, 2024. (ECF No. 1). However, Plaintiff neither paid the filing fee for this action nor 21 submitted an application to proceed in forma pauperis (IFP). The Court issued an order on September 10, 2024, giving Plaintiff thirty days to either 1) submit a completed and signed IFP 22 application, or 2) pay the filing fee of $405. (ECF No. 4). The Court warned Plaintiff that 23 “[f]ailure to comply with this order will result in dismissal of this action.” (Id.) The thirty-day 24 period has expired, and Plaintiff has failed to pay the filing fee, submit a completed and signed 25 IFP application, or otherwise respond to the Court’s order. 26 Accordingly, IT IS ORDERED that: 27 1. The Clerk of Court shall assign a district judge to this case. 28 1 And IT IS RECOMMENDED that: 2 1. This action be dismissed, without prejudice, for Plaintiff's failure to pay the filing 3 fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma 4 pauperis pursuant to 28 U.S.C. § 1915; and 5 2. The Clerk of Court be directed to close this case. 6 3. Alternatively, if Plaintiff files a proper in forma pauperis application or pays the 7 filing fee within thirty days, this Court will vacate these findings and 8 recommendations. 9 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days 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 2 Recommendations.” 13 Plaintiff is advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 15 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 16 17 | IT IS SO ORDERED. | Dated: _ October 22, 2024 [Jee Py — 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28