(PC) Roberts v. Kern Valley State Prison

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID NATHANIEL ROBERTS, CASE NO. 1:24-cv-01201-EPG (PC) 11 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 12 v. AND 13 KERN VALLEY STATE PRISON, et al., FINDINGS AND RECOMMENDATIONS 14 Defendants. TO DISMISS THIS ACTION WITHOUT 15 PREJUDICE FOR FAILURE TO PAY A FILING FEE OR SUBMIT AN APPLICATION 16 TO PROCEED IN FORMA PAUPERIS 17 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 18

19 20 Plaintiff David Nathaniel Roberts is a state prisoner proceeding pro se in this civil rights 21 lawsuit filed pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing a complaint on 22 October 7, 2024. (ECF No. 1). However, Plaintiff neither paid the filing fee for this action nor 23 submitted an application to proceed in forma pauperis (IFP). The Court issued an order on 24 October 8, 2024, giving Plaintiff forty-five days to either (1) submit a completed and signed IFP 25 application or (2) pay the filing fee of $405. (ECF No. 3). The Court warned Plaintiff that 26 “[f]ailure to comply with this order will result in dismissal of this action.” (Id.) The forty-five-day 27 period has expired, and Plaintiff has failed to pay the filing fee, submit a completed and signed 28 IFP application, or otherwise respond to the Court’s order. 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 These findings and recommendations are submitted to the United States District Judge 9 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 8 the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any objections shall be limited to no more than fifteen pages, including 2 exhibits. Plaintiff is advised that failure to file objections within the specified time may result in 13 the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 14 | (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 16 | IT IS SO ORDERED. 'T | Dated: _ December 9, 2024 [pp ny — 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28