The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 STEVEN K. BROWN, Case No. 2:23-cv-02321-JDP (PC)
12 Plaintiff, ORDER
13 v. DIRECTING THE CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
14 WRIGHT, et al., TO THIS MATTER
15 Defendants. FINDINGS AND RECOMMENDATIONS
16 THAT THIS ACTION BE DISMISSED
WITHOUT PREJUDICE FOR FAILURE TO
17 PAY THE REQUIRED FILING FEE AND
COMPLY WITH COURT ORDERS
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OBJECTIONS DUE WITHIN FOURTEEN
19 DAYS
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21 On November 29, 2023, I ordered plaintiff to submit, within thirty days, either the
22 required filing fee or a complete application to proceed in forma pauperis. ECF No. 8. I also
23 warned him that failure to respond to the order would result in a recommendation that this action
24 be dismissed. Id at 2. Plaintiff did not comply with that order, and on December 14, 2023, the
25 court received a notice stating, “MAIL RETURNED as Undeliverable; Parole Attempted not
26 known.”1
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1 A search of the CDCR Incarcerated Records and Information Search does not list
28 plaintiff as currently in CDCR custody.
1 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a
2 | United States District Judge to this case.
3 Further, it is RECOMMENDED that this action be dismissed without prejudice for failure
4 | to pay the required filing fee and failure to comply with court orders.
5 These findings and recommendations are submitted to the United States District Judge
6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days
7 | after being served with these findings and recommendations, any party may file written
8 | objections with the court and serve a copy on all parties. Such a document should be captioned
9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
10 | objections shall be served and filed within fourteen days after service of the objections. The
11 | parties are advised that failure to file objections within the specified time may waive the right to
12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
13 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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16 IT IS SO ORDERED.
17 ( 1 Sy —
Dated: _ January 9, 2024
18 JEREMY D. PETERSON
19 UNITED STATES MAGISTRATE JUDGE
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