Moore

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MARCUS TERRELL FLEMING, 1:24-cv-00083-EPG (PC)

11 Plaintiff,

ORDER TO ASSIGN A DISTRICT JUDGE

12 v.

FINDINGS AND RECOMMENDATIONS,

13 THOMAS MOORE, MD, RECOMMENDING THAT THIS ACTION BE

DISMISSED, WITHOUT PREJUDICE

14 Defendant. 15 OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

16

17 Plaintiff Marcus Terrell Fleming is a prisoner proceeding pro se in this civil rights lawsuit 18 filed pursuant to 42 U.S.C. § 1983. After Plaintiff failed to submit an application to proceed in 19 forma pauperis or pay the filing fee, the Court issued an order on January 19, 2024, giving 20 Plaintiff forty-five days to do either and warning of dismissal if Plaintiff failed to comply. (ECF 21 No. 3). The forty-five-day period has expired, and Plaintiff has failed to pay the filing fee, submit 22 an IFP application, or otherwise respond to the Court’s order. 23 Accordingly, IT IS ORDERED that the Clerk of Court shall assign a district judge to this 24 case. 25 And IT IS…