1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WANAG TAHATAN-BEY, Case No. 21-cv-02145-JSC

8 Plaintiff, ORDER OF REASSIGNMENT AND 9 v. REPORT AND RECOMMENDATION TO DISMISS 10 THE ESTATE OF KEVIN PAUL WOODRUFF ET AL, 11 Defendant.

12 13 Plaintiff Wanag Tahatan-Bey initiated this matter by filing a Consensual Decree Order 14 Certified Foreign Judgment, classified as a miscellaneous case. (Dkt. No. 1.)1 The Court 15 subsequently ordered the matter reclassified as a civil case, (Dkt. No. 2), and Plaintiff was notified 16 that the new filing fee is $402.00, (Dkt. No. 4). On June 4, 2021, the Court ordered Plaintiff to 17 pay the filing fee or file a motion to proceed in forma pauperis, directing him to the Northern 18 District’s Legal Help Center for free assistance. (Dkt. No. 5.) To date, Plaintiff has not paid the 19 filing fee or filed a motion to proceed in forma pauperis. 20 Because the parties have not consented to the Court’s jurisdiction, the Clerk of Court is 21 ordered to REASSIGN this action to a district court judge. See Williams v. King,

, 22 501, 504 (9th Cir. 2017) (magistrate judge lacked jurisdiction to dismiss case on initial screening 23 because unserved defendants had not consented to proceed before magistrate judge). The Court 24 RECOMMENDS that the district court judge dismiss the action without prejudice for failure to 25 pay the required fee. 26 Any party may file objections to this report and recommendation with the district court 27 1 || judge within fourteen days after being served with a copy. See

(b)(1)(B); Fed. R. 2 || Civ. P. 72(b); N.D. Cal. Civ. L.R. 72-3. Failure to file objections within the specified time may 3 || waive the right to appeal the district court’s ultimate order. 4 IT ISSO RECOMMENDED. 5 Dated: September 10, 2021 6 7 ne JAGQQUELINE SCOTT CORL 8 United States Magistrate Judge 9 10 11 12

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