Brown v. Allison et al

Filing 9

FINDINGS And RECOMMENDATIONS Recommending Dismissal Of Action, Without Prejudice, For Failure To Either Pay Filing Fee Or Submit An Application To Proceed In Forma Pauperis (Docs. 3 , 5 ), Objections Due Within Fifteen Days, signed by Magistrate Judge Gerald B. Cohn on 5/4/2012. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 5/22/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD C. BROWN,

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Plaintiff,

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v.

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K. ALLISON, et al.,

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CASE NO. 1:12-cv-00109-LJO-GBC (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF ACTION,
WITHOUT PREJUDICE, FOR FAILURE TO
EITHER PAY FILING FEE OR SUBMIT AN
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Defendants.
Docs. 3, 5

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/ OBJECTIONS DUE WITHIN FIFTEEN DAYS

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Findings and Recommendations

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On January 26, 2012, Plaintiff Donald C. Brown (“Plaintiff”), a prisoner proceeding pro se,
filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1.

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On January 30, 2012, the Court ordered Plaintiff to submit an application to proceed in forma

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pauperis or pay the filing fee within forty-five days. Doc. 3. On March 2, 2012, Plaintiff filed a

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motion for forty-five (45) day extension of time to file an application to proceed in forma pauperis.

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Doc. 4. On March 6, 2012, the Court granted Plaintiff’s motion for forty-five (45) day extension of

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time to file an application to proceed in forma pauperis. Doc. 5. In the January 30, 2012 and March

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6, 2012 orders, the Court placed Plaintiff on notice that failure to submit an application to proceed

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in forma pauperis or pay the filing fee would result in dismissal. Docs. 3, 5. To date, Plaintiff has

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failed to pay the $350.00 filing fee in full, submit an application to proceed in forma pauperis, or

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respond to the Court’s orders.
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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 not submitted an

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application to proceed in forma pauperis, paid the filing fee, or responded to the Court’s order to do

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so, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products Liability

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Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); 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 submit a completed application to proceed in forma

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pauperis.

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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)(l). Within fifteen (15) days

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after being served with these Findings and Recommendations, Plaintiff may file written objections

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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may

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waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th

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Cir. 1991).

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IT IS SO ORDERED.

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Dated:
7j8cce

May 4, 2012
UNITED STATES MAGISTRATE JUDGE

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