(HC) Tumbaco v. Warden

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CALIXTO TUMBACO, No. 2:23-cv-1144 CKD P 12 Petitioner, 13 v. ORDER AND WARDEN, FINDINGS AND RECOMMENDATIONS 15 Respondent.

17 On June 23, 2023, petitioner was ordered to file a completed in forma pauperis application or pay the filing fee 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 petitioner has not responded to the court’s order.

21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).

25 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, petitioner may file written objections with the court. Such a document should be captioned “Objections to Magistrate | Judge’s Findings and Recommendations.” Petitioner 1s advised that failure to file objections || within the specified time may waive the right to appeal the District Court’s order. Martinez v. || Ylst, 951 F.2d 1153 (9th Cir. 1991).

4 | Dated: August 7, 2023 Card ke yy a 5 CAROLYN K DELANEY?

6 UNITED STATES MAGISTRATE JUDGE tumb1144.fifp