Berrios v. Dileo et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Barbara A. McAuliffe on 11/3/2011 recommending that Case be DISMISSED for failure to obey a court order. Referred to Judge Anthony W. Ishii; Objections to F&R due by 11/21/2011. (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARVIN BERRIOS,
Plaintiff,
1:11-cv-01434-AWI-BAM-(PC)
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vs.
FINDINGS AND RECOMMENDATION TO
DISMISS CASE FOR FAILURE TO OBEY A
COURT ORDER
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DR. DILEO, et al.
OBJECTIONS DUE WITHIN FIFTEEN DAYS
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Defendants.
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______________________________/
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On August 30,2011, the court issued an order for plaintiff to submit an application to
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proceed in forma pauperis on the correct form or pay the filing fee, within forty-five (45) days.
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The forty-five (45) day period has now expired, and plaintiff has not filed the correct application
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to proceed in forma pauperis, pay the filing fee or otherwise responded to the court's order.
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A civil action may not proceed absent the submission of either the filing fee or an
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application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has
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submitted neither and has not responded to the Court’s order to do so, dismissal of this action is
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appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217,
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1226 (9th Cir. 2006); Local Rule 110.
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Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, without
prejudice, for Plaintiff’s failure to comply with a court order.
These findings and recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
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fifteen (15) days after being served with these findings and recommendations, Plaintiff may file
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written objections with the Court. The document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
10c20k
November 3, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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