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 it appeared that plaintiff intended to prosecute this action, on December 17, 27 2024 this Court granted plaintiff thirty days to pay the filing fee or file an application to proceed 28 in forma pauperis. (ECF No. 6.) In the order filed December 17, 2024, this Court advised 1 | plaintiff that the Court would address plaintiff's motion for a temporary restraining order after 2 || plaintiff paid the filing fee or filed an application to proceed in forma pauperis. (Id.) In the 3 || December 17, 2024 order, this Court also warned plaintiff that failure to comply with the order 4 | would result in a recommendation of dismissal of this action. (Id.) Thirty days passed from 5 || December 17, 2024, and plaintiff did not pay the filing fee or file an application to proceed in 6 || forma pauperis. 7 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 8 | directed to assign a district judge to this case; and 9 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 12 || after being served with these findings and recommendations, plaintiff may file written objections 13 || with the court and serve a copy on all parties. Such a document should be captioned 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 15 || failure to file objections within the specified time may waive the right to appeal the District 16 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 17 18 || Dated: January 27, 2025 A aA 19 Aan Spe |

CHI SOO KIM

20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 | Ernst2949 fifp/2 25 26 27 28