(PC) Fowler v. Jones et al, No. 2:2020cv00555 - Document 4 (E.D. Cal. 2020)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/27/2020 ORDERING the Clerk to assign a district court judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEANDRE FOWLER, 12 No. 2:20-cv-0555 CKD P Plaintiff, 13 v. 14 ORDER AND SCOTT JONES, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On March 17, 2020, plaintiff was ordered to file a completed in forma pauperis 17 18 application or pay the filing fee within thirty days and was cautioned that failure to do so would 19 result in a recommendation that this action be dismissed. The thirty-day period has now expired, 20 and plaintiff has not responded to the court’s order.1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 21 22 court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 23 24 Fed. R. Civ. P. 41(b). 25 ///// 26 1 27 28 Although it appears from the record that plaintiff’s copy of the court’s March 17, 2020 order was returned to the court by the U.S. Postal Service, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be served and filed within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: April 27, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 1 fowl0555.fifp 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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