Opinion
23-cv-06002-DMR
01-25-2024
ARCELIO JOSEPH REYBOL, Plaintiff, v. U.S. MINT, Defendant.
REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REPORT AND RECOMMENDATION TO DISMISS COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE
DONNA M. RYU CHIEF MAGISTRATE JUDGE
Self-represented Plaintiff Arcelio Joseph Reybol filed a complaint and an application for leave to proceed in forma pauperis (“IFP”). [Docket Nos. 1, 2.] Since all parties have not consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c), the court issues this Report and Recommendation and reassigns this case to a district judge for final disposition, with the recommendation that this action be dismissed without prejudice for failure to prosecute.
On December 21, 2023, the court denied Plaintiff's IFP application without prejudice on the ground that the court was “unable to evaluate Plaintiff's assets or otherwise assess his application” because his answers were “incomplete and incomprehensible.” [Docket No. 6.] The court ordered Plaintiff to file either a complete IFP application or pay the filing fee by January 18, 2024. Id. The court warned Plaintiff that failure to file a complete IFP application or pay the filing fee by January 18, 2024 would result in a recommendation that this action be dismissed for failure to prosecute. See id. Plaintiff has not filed a complete IFP application or paid the filing fee. Accordingly, the court recommends that Plaintiff's action be dismissed without prejudice for failure to prosecute. The Clerk is directed to reassign this case to a district judge. Any party may file objections to this report and recommendation with the district judge within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(a); N.D. Cal. Civ. L.R. 72-2.
On January 5, 2024, Plaintiff filed a document entitled, “Federal Rule of Civil Procedure Rule 7” that contains references to Arizona State University, a transcript, and email addresses. [Docket No. 7.] It does not contain information about Plaintiff's finances and is otherwise incomprehensible.
The court refers Plaintiff to the section “Representing Yourself” on the Court's website, located at https://cand.uscourts.gov/pro-se-litigants/, as well as the Court's Legal Help Centers for unrepresented parties. Parties may schedule an appointment by calling 415-782-8982 or emailing fedpro@sfbar.org.
IT IS SO ORDERED.