(PC) Dunn v. Rodriguez, No. 2:2023cv00309 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/29/2023 GRANTING the 5 Motion to Proceed IFP and DIRECTING the Clerk to assign a district judge to this case. District Judge Troy L. Nunley and Magistrate Ju dge Kendall J. Newman assigned for all further proceedings. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0309 TLN KJN (PC). (Spichka, K.)

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(PC) Dunn v. Rodriguez Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN DUNN, 12 13 14 15 No. 2:23-cv-0309 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS OFFICER F. RODRIGUEZ, Defendants. 16 17 18 19 Plaintiff is a state prisoner, proceeding pro se. In Forma Pauperis Request Plaintiff requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 20 Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). 21 Accordingly, the request to proceed in forma pauperis is granted. 22 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 §§ 1914(a), 1915(b)(1). By this order, plaintiff is assessed an initial partial filing fee in 24 accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct 25 the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and 26 forward it to the Clerk of the Court. Thereafter, plaintiff is obligated to make monthly payments 27 of twenty percent of the preceding month’s income credited to plaintiff’s trust account. These 28 payments will be forwarded by the appropriate agency to the Clerk of the Court each time the 1 Dockets.Justia.com 1 amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. 2 § 1915(b)(2). 3 Failure to Amend 4 By order filed April 24, 2023, plaintiff’s complaint was dismissed, and thirty days leave to 5 file an amended complaint was granted. On August 31, 2023, plaintiff’s request for 6 reconsideration was granted, the undersigned affirmed the screening order, and plaintiff was 7 granted an additional thirty days to file an amended complaint. Plaintiff sought another 8 extension, and on October 11, 2023, plaintiff was granted an additional thirty days in which to file 9 an amended complaint. Thirty days from that date have expired, and plaintiff has not filed an 10 amended complaint or otherwise responded to the court’s order. 11 In accordance with the above, IT IS HEREBY ORDERED that: 12 1. Plaintiff’s request for leave to proceed in forma pauperis is granted. 13 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff 14 is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. 15 § 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the 16 Director of the California Department of Corrections and Rehabilitation filed concurrently 17 herewith. 18 3. The Clerk is directed to assign a district judge to this case. 19 Further, IT IS RECOMMENDED that this action be dismissed without prejudice. See 20 Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District Judge 22 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 23 after being served with these findings and recommendations, plaintiff may file written objections 24 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 25 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 26 //// 27 //// 28 //// 2 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: December 29, 2023 4 dunn0309.fta.ext 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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