Wilson v. Perkinson et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action without Prejudice; Objections, if any, Due within Fourteen Days signed by Magistrate Judge Dennis L. Beck on 1/11/12. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 1/30/2012. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HELDA WILSON,
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CASE NO. 1:10-CV-01086-LJO-DLB PC
Plaintiff,
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF ACTION
WITHOUT PREJUDICE
v.
R. PERKINSON, et al.,
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(DOCS. 2, 3)
Defendants.
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
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/
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Plaintiff, a California state prisoner proceeding pro se, filed this civil action on June 16,
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2010. Plaintiff did not pay the $350.00 filing fee in full or file an application to proceed in forma
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pauperis, and on June 17, 2010, the Court ordered Plaintiff to do so within forty-five days. Doc. 3.
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More than forty-five days have passed and Plaintiff has not complied with the Court’s order.
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Plaintiff was warned that failure to obey the order would result in dismissal of the action. On June
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16, 2010, the Court issued an order for Plaintiff either to consent or decline jurisdiction by a
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magistrate judge in this action. Doc. 2. Plaintiff has also not submitted whether she consents or
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declines magistrate judge jurisdiction.
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A civil action may not proceed absent the submission of either the filing fee or an application
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to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither and
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has not responded to the Court’s order to do so, dismissal of this action is appropriate. In re
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Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
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Local Rule 110.
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Accordingly, the Court HEREBY RECOMMENDS that this action be dismissed, without
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prejudice, for failure to pay the filing fee or file an application to proceed in forma pauperis, and for
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failure to submit the form notifying the Court whether she consents or declines magistrate judge
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jurisdiction.
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These Findings and Recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days
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after being served with these Findings and Recommendations, the Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” The Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d
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1153, 1157 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
3b142a
January 11, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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