1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER M. POE, No. 2:23-cv-00859-CKD P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 ATTORNEY GENERAL’S OFFICE, et. al., 15 Defendants. 16

17 18 By order dated May 16, 2023, plaintiff was directed to either to submit the appropriate 19 affidavit in support of a request to proceed in forma pauperis or to submit the required fees 20 totaling $402.00. ECF No. 4. He was further cautioned that failing to do so would result in a 21 recommendation that this action be dismissed. The thirty day period has now expired, and 22 plaintiff has not responded to the court’s order and has not filed the required documents. 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 24 directed to assign a district judge to this case; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of

(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 | with the court and serve a copy on all parties. Such a document should be captioned 2 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 || failure to file objections within the specified time may waive the right to appeal the District 4 | Court’s order. Martinez v. YIst,

(9th Cir. 1991). 5 | Dated: August 14, 2023 i / aie ll 6 CAROLYNK. DELANEY 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 12/poe0859.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28