Fabian

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT KEITH ERNST, No. 2:24-cv-2949 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 CARL FABIAN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. For the following reasons, this Court recommends that this action be 19 dismissed. 20 Plaintiff filed his complaint on October 25, 2024. (ECF No. 1.) Plaintiff did not pay the 21 filing fee or file an application to proceed in forma pauperis. Accordingly, on November 5, 2024, 22 this Court granted plaintiff thirty days to pay the filing fee or file an application to proceed in 23 forma pauperis. (ECF No. 3.) Thirty days passed and plaintiff did not pay the filing fee or file an 24 application to proceed in forma pauperis. However, plaintiff filed an amended complaint on 25 November 15, 2024 and a motion for a temporary restraining order on December 13, 2024. (ECF 26 Nos. 4, 5.) Because…