1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERIMIAH HAMMER, No. 2:25-cv-2287 CKD P 12 Plaintiff, 13 v. ORDER AND 14 JASON SCHULTZ, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16

17 18 Plaintiff, a state prisoner, initiated this action with a motion titled “Order to Show Cause 19 for a Preliminary Injunction and a Temporary Restraining.” (ECF No. 1.) Plaintiff did not, 20 however, file any pleading in the form of a complaint. 21 By order filed on August 15, 2025, the court informed plaintiff that in order to commence 22 an action, plaintiff must file a signed complaint as required by Rule 3 of the Federal Rules of 23 Civil Procedure and must either pay the required filing fee or file an application requesting leave 24 to proceed in forma pauperis. See

(a), 1915(a). (ECF No. 3.) Plaintiff was 25 granted 30 days to file a signed pleading and submit an application to proceed IFP or pay the 26 filing fee. The time granted for that purpose has expired and plaintiff has not filed a complaint, 27 submitted an application to proceed IFP, paid the filing fee, or otherwise responded to the court’s 28 order. ] A district court may impose sanctions, including involuntary dismissal of a plaintiff's 2 || case, where that plaintiff fails to comply with the court’s orders, the Federal Rules of Civil 3 || Procedure, or the court’s local rules. See Chambers v. NASCO, Inc.,

(1991); 4 || Hells Canyon Preservation Council v. U.S. Forest Serv.,

(9th Cir. 2005); Local 5 || Rule 183(a). Because plaintiff has not properly commenced this action and has failed to comply 6 || with the court’s order filed on August 15, 2025, this case should be closed and plaintiff's 7 || application for relief dismissed without prejudice at this time. 8 For the reasons set forth above, IT IS ORDERED that the Clerk shall assign a district 9 || judge to this case. 10 In addition, IT IS RECOMMENDED that this action be dismissed without prejudice. 11 These findings and recommendations are submitted to the United States District Judge 12 || assigned to the case, pursuant to the provisions of

(b)(1). Within 14 days after 13 || being served with these findings and recommendations, plaintiff may file written objections with 14 || the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 15 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 16 || waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th Cir. 17 | 1991). 18 | Dated: October 20, 2025 □□ I / dip Ze

20 UNITED STATES MAGISTRATE JUDGE 21 8, namm2287.nocompl.fi 22 23 24 25 26 27 28