(PC) Bradley v. Correctional Health Services, No. 2:2018cv00854 - Document 5 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/5/2018 ORDERING Clerk of Court to randomly assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Bradley v. Correctional Health Services Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH MICHAEL BRADLEY, 12 13 14 15 No. 2:18-cv-0854 AC P Plaintiff, v. ORDER and CORRECTIONAL HEALTH SERVICES, FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff filed a complaint in this action on April 9, 2018, challenging conditions of his 18 prior confinement at the Rio Cosumnes Correctional Center. See ECF No. 1. This action is 19 referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302(c). 21 By order filed April 27, 2018, this court directed plaintiff to pay the filing fee or submit a 22 completed application to proceed in forma pauperis (IFP). See ECF No. 4. The court set a 23 deadline of thirty (30) days and informed plaintiff that “[f]ailure . . . to timely submit the 24 completed application will result in the dismissal of this action without prejudice.” Id. at 2. The 25 thirty-day deadline has now expired but plaintiff has not paid the filing fee or submitted an IFP 26 application, or otherwise responded to the court’s order. 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a district judge to this case. 1 Dockets.Justia.com 1 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be filed and served within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: June 5, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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