(PC) Gulbronson v. Schneider et al, No. 2:2022cv01128 - Document 11 (E.D. Cal. 2022)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/28/2022 DIRECTING the clerk to assign a district judge to this case. District Judge Dale A. Drozd and Magistrate Judge Deborah Barnes assigned to this case for al l further proceedings. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Dale A. Drozd. Objections due within 21 days after being served with these findings and recommendations. New Case Number: 2:22-cv-1128 DAD DB (PC). (Spichka, K.)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ERIC CONRAD GULBRONSON, 11 12 13 14 No. 2:22-cv-01128 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS DENTON SCHNEIDER, et al., Defendants. 15 16 Plaintiff is a county prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. On filing his complaint, plaintiff failed to submit an application to proceed in 18 forma pauperis or pay the filing fee for this action. On July 6, 2022, the court ordered plaintiff to 19 either file a completed in forma pauperis application or pay the required filing fee within thirty 20 days. (ECF No. 3.) Plaintiff was warned that failure to abide by the court’s order or to seek an 21 extension of time to do so would result in dismissal of this action without prejudice. (Id. at 2.) 22 Plaintiff subsequently filed two motions to proceed in forma pauperis. (ECF Nos. 6, 9.) Both 23 were only partially completed and lacked responses to most of the application’s questions. (See 24 id.) On August 8, 2022, the court again ordered plaintiff to file a fully completed in forma 25 pauperis application or pay the filing fee for this action. (ECF No. 10.) Plaintiff was given an 26 additional thirty days to do so. (Id.) 27 More than thirty days have passed and plaintiff has not filed a motion to proceed in forma 28 pauperis, paid the filing fee, requested an extension of time, or otherwise responded to the court’s 1 1 orders. Accordingly, it will be recommended that this action be dismissed for failure to pay the 2 filing fee and failure to comply with court orders. 3 4 Accordingly, the Clerk of the Court is HEREBY ORDERED to randomly assign a district judge to this action. 5 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 9 after being served with these findings and recommendations, plaintiff may file written objections 10 with the court and serve a copy on all parties. Such a document should be captioned “Objections 11 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 12 objections within the specified time may waive the right to appeal the District Court’s order. 13 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 Dated: November 28, 2022 15 16 17 18 19 20 21 22 DB:14 23 DB/DB Prisoner Inbox/Civil Rights/R/gulb1128.fr_dism 24 25 26 27 28 2
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