(PC) Randall v. California State Prison Sacramento, No. 2:2015cv02120 - Document 19 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/25/2017 ORDERING Clerk of Court to randomly assign a US District Judge to this action and RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 VIRGIL DOUGLAS RANDALL, 11 12 13 14 No. 2:15-cv-2120 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN OF CALIFORNIA STATE PRISON, SACRAMENTO, Defendant. 15 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. On September 12, 2016, plaintiff was directed to complete the application form in 19 support of his request to proceed in forma paupers. Plaintiff filed a request for leave to proceed in 20 forma pauperis pursuant to 28 U.S.C. § 1915; however, the second page of the application was 21 missing. See 28 U.S.C. § 1915(a)(2). Plaintiff was provided an opportunity to submit the 22 completed application in support of his application to proceed in forma pauperis on November 9, 23 2016. (ECF No. 17.) Plaintiff was ordered to submit, within thirty days from the date of that 24 order, a completed affidavit in support of his request to proceed in forma paupers. (Id.) Plaintiff 25 was warned that failure to comply with the order would result in a recommendation that this 26 action be dismissed without prejudice. (Id.) 27 28 The thirty day deadline has long passed and plaintiff has not submitted the completed affidavit. 1 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 2 United States District Judge to this action. IT IS HEREBY RECOMMENDED that this action 3 be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 8 and Recommendations.” Any response to the objections shall be filed and served within fourteen 9 days after service of the objections. Plaintiff is advised that failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 Dated: September 25, 2017 12 13 14 15 16 17 TIM-DLB:10 DB / ORDERS / ORDERS.PRISONER.CIVIL RIGHTS / rand.2120.dismiss.fr 18 19 20 21 22 23 24 25 26 27 28 2