1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS DANTEL CAMPBELL, No. 2:23-cv-0815 AC P 12 Plaintiff, ORDER AND FINDINGS AND 13 v. RECOMMENDATIONS 14 A. BELL, et al., 15 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 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 26 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 || assigned to the case, pursuant to the provisions of

(b)(1). 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. YIst,

6 | (Oth Cir. 1991). 7 | DATED: August 1, 2023 ~ g AMhon—Chnne ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28