(PC) Arnold R. Ecklund v. Frazier et al, No. 2:2018cv01247 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/11/2018 DIRECTING the Clerk to randomly assign a U.S. District Judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Arnold R. Ecklund v. Frazier et al Doc. 14 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ARNOLD RAY ECKLUND, 11 Plaintiff, 12 13 No. 2:18-cv-1247-EFB P v. ORDER AND FINDINGS AND RECOMMENDATIONS FRAZZIER, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. This action was transferred from the United States District Court for the Northern 18 District of California to this court on May 9, 2018. On May 31, 2018, this court found that, 19 although plaintiff sought leave to proceed in forma pauperis, he had failed to submit a correct and 20 complete application in the Northern District before transfer. Accordingly, the court directed the 21 Clerk to send plaintiff a new Application to Proceed In Forma Pauperis, ordered plaintiff to 22 submit the completed application within thirty days and warned plaintiff that failure to do so may 23 result in this action being dismissed. ECF No. 12. The time for acting has passed and plaintiff 24 has not submitted the completed application for leave to proceed in forma pauperis or otherwise 25 responded to the court’s order. Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 26 27 District Judge to this case. 28 ///// Dockets.Justia.com 1 Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 objections shall be served and filed within fourteen days after service of the objections. The 8 parties are advised that failure to file objections within the specified time may waive the right to 9 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: July 11, 2018. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2