1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAMIAN ANTONIO MOUTON, No. 2:24-cv-01771-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 MILLER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this action brought pursuant to

1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 19 § 636(b)(1). 20 On April 28, 2025, the court ordered plaintiff to pay the filing fee or file an application to 21 proceed in forma pauperis within 30 days. ECF No. 3. Plaintiff has not responded to the order. 22 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a district 23 judge to this action. It is further RECOMMENDED that the case be dismissed without prejudice 24 for failure to pay the filing fee. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of

(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 || objections shall be served and filed within fourteen days after service of the objections. The 3 || parties are advised that failure to file objections within the specified time may waive the right to 4 | appeal the District Court’s order. Turner v. Duncan,

, 455 (9th Cir. 1998); Martinez 5 || v. Yist,

(9th Cir. 1991).

7 || Dated: November 10, 2025 ZA LY “btn oF eo Lott _A*0 EDMUND F. BRENNAN 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28