(PC) Barnett et al v. Unknown, No. 2:2022cv00256 - Document 16 (E.D. Cal. 2022)

Court Description: ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 05/31/22. DIRECTING the Clerk to randomly assign a District Judge. District Judge Troy L. Nunley added to the case. It is further RECOMMENDED that this case be closed for failure to file a complaint and failure to pay the filing fee. Referred to Judge Troy L. Nunley. Objections due within 14 days of the service of the findings and recommendations. New Case Number: 2:22-cv-0256 TLN JDP (PC)(Licea Chavez, V)

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(PC) Barnett et al v. Unknown Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE BARNETT, et al., 12 13 14 15 Plaintiffs, v. UNKNOWN, Case No. 2:22-cv-00256-JDP (PC) FINDINGS AND RECOMMENDATIONS THAT THE CLERK OF COURT BE DIRECTED TO CLOSE THE CASE OBJECTIONS DUE WITHIN FOURTEEN DAYS Defendant. 16 17 Maurice Barnett and Marquise Hiley are state prisoners without counsel. This action was 18 opened when they submitted to the court a letter describing an altercation they had with 19 correctional officers. On April 13, 2022, the court notified them that they had not properly 20 commenced a civil action because they had neither filed a complaint nor paid the required filing 21 fee. They were granted thirty days both to file a complaint and either to pay the filing fee or to 22 submit an application to proceed in forma pauperis. ECF No. 15. They were also warned that 23 failure to comply with the April 13 order could result in the case being closed. 24 To date, Mr. Barnett and Mr. Hiley have neither filed a signed complaint nor submitted 25 either the filing fee or an application to proceed in forma pauperis. Consequently, there is no 26 case before the court. Fed. R. Civ. P. 3. 27 28 1 Dockets.Justia.com 1 2 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a United States District Judge to this case. 3 4 Further, it is RECOMMENDED that this case be closed for failure to file a complaint and failure to pay the filing fee. 5 I submit these findings and recommendations to the district judge under 28 U.S.C. 6 § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, 7 Eastern District of California. The parties may, within 14 days of the service of the findings and 8 recommendations, file written objections to the findings and recommendations with the court. 9 Such objections should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” The district judge will review the findings and recommendations under 28 11 U.S.C. § 636(b)(1)(C). 12 13 IT IS SO ORDERED. 14 Dated: June 1, 2022 15 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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