(PC) Campbell v. Bell et al, No. 2:2023cv00815 - Document 6 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/1/2023 DIRECTING the Clerk of the Court to assign a district judge to this case, and RECOMMENDING that this action be dismissed without prejudice. Senior Judge Will iam B. Shubb and Magistrate Judge Allison Claire assigned for all further proceedings. Referred to Senior Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0815-WBS-AC (PC). (Huang, H)
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(PC) Campbell v. Bell et al Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS DANTEL CAMPBELL, 12 Plaintiff, 13 v. 14 A. BELL, et al., 15 No. 2:23-cv-0815 AC P ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By order filed May 8, 2023, plaintiff was ordered to file a completed in forma pauperis 18 application and a certified copy of his jail trust account statement and was cautioned that failure 19 to do so would result in a recommendation that this action be dismissed. ECF No. 4. After 20 plaintiff failed to file a completed application or pay the fee, he was given an additional twenty- 21 one days to comply and warned that failure to comply would result in a recommendation that this 22 action be dismissed without further warning. ECF No. 5. The twenty-one-day period has now 23 expired, and plaintiff has not filed an application to proceed in forma pauperis, paid the filing fee, 24 or otherwise responded to the court’s orders. 25 26 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 27 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 28 These findings and recommendations are submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 2 after being served with these findings and recommendations, plaintiff may file written objections 3 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 4 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 5 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 6 (9th Cir. 1991). 7 DATED: August 1, 2023 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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