1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MARCUS TERRELL FLEMING, 1:24-cv-00083-EPG (PC)

11 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 12 v. FINDINGS AND RECOMMENDATIONS, 13 THOMAS MOORE, MD, RECOMMENDING THAT THIS ACTION BE DISMISSED, WITHOUT PREJUDICE 14 Defendant. 15 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS 16

17 Plaintiff Marcus Terrell Fleming is a prisoner proceeding pro se in this civil rights lawsuit 18 filed pursuant to

. After Plaintiff failed to submit an application to proceed in 19 forma pauperis or pay the filing fee, the Court issued an order on January 19, 2024, giving 20 Plaintiff forty-five days to do either and warning of dismissal if Plaintiff failed to comply. (ECF 21 No. 3). The forty-five-day period has expired, and Plaintiff has failed to pay the filing fee, submit 22 an IFP application, or otherwise respond to the Court’s order. 23 Accordingly, IT IS ORDERED that the Clerk of Court shall assign a district judge to this 24 case. 25 And IT IS RECOMMENDED that: 26 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing fee pursuant to

or to file an application to proceed in forma pauperis 27 pursuant to

; and 28 1 2. The Clerk of Court be directed to close this case. 2 3. Alternatively, if Plaintiff files a proper in forma pauperis application or pays the filing 3 fee within thirty days, this Court will vacate these findings and recommendations. 4 These findings and recommendations are submitted to the United States District Judge 5 | assigned to the case, pursuant to the provisions of

(b)(1). Within thirty days after 6 being served with these findings and recommendations, Plaintiff may file written objections with 7 the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 8 Recommendations.” 9 Plaintiff is advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,

(9th Cir. 2014) (citing Baxter v. Sullivan,

(9th Cir. 1991)).

12 | ITIS ORDERED. Dated: _Mareh 18, 2024 [Jee ey 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28