(PC) Bailey v. Unknown, No. 2:2017cv02577 - Document 5 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2018 ORDERING Clerk of Court to randomly assign a U.S. District Judge to this action and RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Bailey v. Unknown Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TODD BAILEY, 12 13 14 15 No. 2:17-cv-2577 AC P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS UNKNOWN, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed a document captioned “complaint of 18 crimes” on December 8, 2017. ECF No. 1. The filing was not presented on the court’s form used 19 to file a civil rights action, and it was difficult to understand. See id. Plaintiff appears to allege 20 that someone was plotting against him and his family and was trying to kill him. Id. at 1. 21 On January 12, 2018, the undersigned determined that the document did not constitute a 22 pleading sufficient to commence an action. See ECF No. 4 at 1. Accordingly, the court denied 23 the “complaint of crimes” without prejudice and ordered plaintiff to file a complaint that 24 complied with the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of 25 Practice. Id. at 2. Plaintiff was also directed to file an in forma pauperis application. Id. The 26 Clerk of Court was directed to send plaintiff the court’s forms for a civil rights complaint and 27 application to proceed in forma pauperis. Id. Thirty days have passed, and plaintiff has not filed 28 either document, nor has he responded to the court’s order in any other way. 1 Dockets.Justia.com 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 DATED: April 11, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2