Phillips
(PC) Harris v. Phillips
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, No. 1:23-cv-01677-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
13 v. TO THIS ACTION 14 BYAN D. PHILLIPS, FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
15 Defendant.
16
17 Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. Plaintiff 18 filed the instant action on December 4, 2023. On December 5, 2023, the Court issued an order 19 directing Plaintiff to submit a completed application to proceed in forma pauperis or pay the 20 $402.00 filing fee within 30 days. (ECF No. 3.) Plaintiff failed to respond to the Court’s order. 21 Therefore, on January 31, 2024, the Court ordered Plaintiff to show cause why the action should 22 not be dismissed, without prejudice, for failure to prosecute and failure to comply with a court 23 order. (ECF No. 5.) Plaintiff has failed to respond to the order to show cause and the time to do 24 so has passed. …