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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SERGIO PERALTA TORRES, Case No. 1:23-cv-01266-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION WITHOUT PREJUDICE

v.

ORDER DIRECTING CLERK OF COURT

SERGIO ROMANCE, et al., TO RANDOMLY ASSIGN DISTRICT

JUDGE

Respondents.

16 Sergio Peralta Torres (“Petitioner”) is proceeding pro se in an action challenging his denial of parole and the lack of sex offender treatment programs. As Petitioner has failed to comply with the order to file an application to proceed in forma pauperis or pay the filing fee, the undersigned recommends that this action be dismissed without prejudice for failure to pay the filing fee and comply with the Court’s order. I. BACKGROUND On August 23, 2023, Petitioner commenced the instant action by filing a prisoner civil rights complaint. (ECF No. 1.) Petitioner appears to challenge a 2022 denial of parole, arguing that the decision was contrary to Neal v. Shimoda, 131 F.3d 818…