(PC) Hatton v. Cuisnot, et al.,, No. 2:2023cv00020 - Document 5 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 5/16/2023 ORDERING that the Clerk of Court shall randomly assign a US District Judge to this case and RECOMMENDING that this action be dismissed without prejudi ce for failure to pay the required filing fee and failure to comply with court orders. District Judge Daniel J. Calabretta and Magistrate Judge Jeremy D. Peterson assigned for all further proceedings. Referred to Judge District Judge Daniel J. Calabretta. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0020-DJC-JDP (PC). (Huang, H)
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(PC) Hatton v. Cuisnot, et al., Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD JAMES BRUCE HATTON, Sr., 12 Case No. 2:23-cv-00020-JDP (PC) Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 KIMBERLY CUISNOT, et al., 15 Defendants. 16 On March 7, 2023, I ordered plaintiff to submit, within thirty days, either the $402 filing 17 fee or an application to proceed in forma pauperis. ECF No. 4. I also warned him that failure to 18 respond to the order would result in a recommendation that this action be dismissed. Id at 1-2. 19 To date, plaintiff has not submitted the required filing fee nor otherwise responded to the March 7 20 order. 21 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 22 United States District Judge to this case. 23 Further, it is RECOMMENDED that this action be dismissed without prejudice for failure 24 to pay the required filing fee and failure to comply with court orders. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 8 IT IS SO ORDERED. 9 Dated: May 16, 2023 10 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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