(PC) Gamoton v. Kern County Sheriff Department

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN GAMOTON, Case No. 1:23-cv-01781 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS, DISMISSING

13 v. THE ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

14 KERN COUNTY SHERIFF CLOSE THE CASE DEPARTMENT, et al., 15 (Doc. 5) Defendants. 16 17 Benjamin Gamoton initiated this action by filing a complaint on December 29, 2023. 18 (Doc. 1.) However, Plaintiff did not file an application to proceed in formal pauperis or pay the 19 filing fee. Therefore, the Court ordered Plaintiff to either apply to proceed IFP or pay the Court’s 20 filing fee. (Doc. 3.) The Postal Service returned the order as “Undeliverable, RTS, Not 21 deliverable as addressed, Unable to forward, Not in custody” on January 10, 2024. 22 The magistrate judge found Plaintiff failed to comply with the Court’s order, and noted 23 “[i]t is Plaintiff’s responsibility to keep the Court apprised of his current…