(PC) Andrew v. United States of America

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NORVELL ANDREW, Case No. 1:22-cv-001290-CDB (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS THIS CASE WITHOUT

13 v. PREJUDICE FOR PLAINTIFF’S FAILURE 14 UNITED STATES OF AMERICA, et al., TO COMPLY WITH A COURT ORDER

AND TO PROSECUTE THIS CASE

15 Defendants. (Doc. 8) 16

17 FOURTEEN (14) DAY DEADLINE 18 Clerk of Court to assign a district judge. 19 20 Plaintiff Norvell Andrew is a federal prisoner proceeding pro se in this civil rights action 21 mis-filed under both Bivens1 and 42 U.S.C. § 1983. On September 29, 2022, Plaintiff initiated 22 this action by filing a complaint asserting an Eighth Amendment failure-to-protect claim against 23 Defendants. (Doc. 1.) 24 On October 14, 2022, the Court ordered Plaintiff to submit a completed and signed 25 application to proceed in forma pauperis or pay the $402.00 filing fee for this action within 45 26 days. (Doc. 8.) Plaintiff has failed to submit an IFP…