(PC) Elvers v. Shasta County Sheriff et al, No. 2:2021cv00189 - Document 8 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/21/2021 ORDERING Clerk to randomly assign a District Judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Elvers v. Shasta County Sheriff et al Doc. 8 Case 2:21-cv-00189-KJM-JDP Document 8 Filed 07/22/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER MICHEL ELVERS, 12 13 14 15 Plaintiff, v. SHASTA COUNTY SHERIFF, et al., Case No. 2:21-cv-00189-JDP (PC) FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PAY THE FILING FEE OBJECTIONS DUE WITHIN FOURTEEN DAYS Defendants. 16 17 On February 12, 2021, I ordered plaintiff to submit, within thirty days, either the $402 18 filing fee or an application to proceed in forma pauperis. ECF No. 4. Plaintiff failed to respond 19 to that order. Accordingly, on April 23, 2021, I ordered him to show cause within twenty-one 20 days why this case should not be dismissed for failure to prosecute and failure to comply with 21 court orders. ECF No. 6. I warned plaintiff that failure to respond to the order would result in a 22 recommendation that this action be dismissed without prejudice. Id. To date, plaintiff has neither 23 submitted the required filing fee nor otherwise responded to the April 23, 2021 order. 24 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 25 United States District Judge to this case. Further, it is RECOMMENDED that this action be 26 dismissed without prejudice for failure to pay the $402 filing fee. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com Case 2:21-cv-00189-KJM-JDP Document 8 Filed 07/22/21 Page 2 of 2 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be served and filed within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). 7 8 IT IS SO ORDERED. 9 Dated: 10 11 July 21, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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