(PC) Davis v. Baines

• Court: District Court, E.D. California
• Decided: April 1, 2024
• Docket: 1:24-cv-00207
• Status: Unknown

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JAHMAL OMNIKO DAVIS, 1:24-cv-00207-EPG (PC)

11 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 12 v. FINDINGS AND RECOMMENDATIONS 13 T. BAINES, et al., TO DISMISS THIS ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY A 14 Defendants. FILING FEE OR SUBMIT AN APPLICATION 15 TO PROCEED IN FORMA PAUPERIS 16 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 17

18 Plaintiff Jahmal Davis is a state prisoner proceeding pro se in this civil rights lawsuit filed 19 pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing a complaint on February 15, 20 2024. (ECF No. 1). Plaintiff also submitted an application to proceed in forma pauperis (IFP) 21 (ECF No. 2), which was not complete. The application was missing the second page of the form, 22 which would normally include a date a date and Plaintiff’s signature. (Id.) The Court issued an 23 order on February 16, 2024, giving Plaintiff thirty days to either 1) submit a completed and 24 signed IFP application, or 2) pay the filing fee of $405. (ECF No. 5). The Court warned Plaintiff 25 that “[f]ailure to comply with this order will result in dismissal of this action.” (Id.) The thirty-day 26 period has expired, and Plaintiff has failed to pay the filing fee, submit a completed and signed 27 IFP application, or otherwise respond to the Court’s order. \\\ 28 1 Accordingly, IT IS ORDERED that: 2 1. The Clerk of Court shall assign a district judge to this case. 3 And 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 application to proceed in forma 6 pauperis pursuant to 28 U.S.C. § 1915; and 7 2. The Clerk of Court be directed to close this case. 8 3. Alternatively, if Plaintiff files a proper in forma pauperis application or pays the

9 filing fee within thirty days, this Court will vacate these findings and recommendations. 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 2 being served with these findings and recommendations, Plaintiff may file written objections with 13 the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” 15 Plaintiff is advised that failure to file objections within the specified time may result in the 16 | waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 17 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 18 19 IT IS SO ORDERED. 20 | Dated: _ April 1, 2024 [Je hey □ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28