(PC) Cumby v. CDCR

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA EVAN CUMBY, Jr., No. 2:21-cv-1897 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION, et al., 16 Defendants.

18 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 19 U.S.C. § 1983. By order filed October 26, 2021, plaintiff was ordered to file an application to proceed in forma pauperis or pay the required filing fees within thirty days, and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s order and has not filed the required documents.

24 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 26 IT IS RECOMMENDED that this action be dismissed without prejudice.

27 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days | after being served with these findings and recommendations, plaintiff may file written objections || with the court and serve a copy on all parties. Such a document should be captioned || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that || failure to file objections within the specified time may waive the right to appeal the District || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

6 | Dated: December 8, 2021 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE ° /cumb1897.fifp 1]