Newman v. Lackner

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jennifer L. Thurston on 4/1/2014 recommending that 1 Prisoner Civil Rights Complaint be dismissed without prejudice for Plaintiff's failure to pay filing fee or file a completed IFP Applicaion. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 5/5/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STACY NEWMAN,
Plaintiff,

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v.

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LACKNER, et al.,

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Case No. 1:14-cv-00054-JLO-JLT (PC)
FINDINGS AND RECOMMENDATION
TO DISMISS ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY
FILING FEE OR FILE APPLICATION TO
PROCEED IN FORMA PAUPERIS

Defendants.
(Doc. 3)

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THIRTY (30) DAY DEADLINE
Plaintiff, Stacy Newman, a state prisoner proceeding pro se, filed this civil rights action on

19 January 15, 2014. On January 21, 2014, the Court issued an order requiring Plaintiff to either pay
20 the $400.00 filing fee in full or file an application to proceed in forma pauperis on the form
21 provided with the order, within forty-five days. More than forty-five days have passed and
22 Plaintiff has not complied with or otherwise responded to the Court’s order. Plaintiff was warned
23 that dismissal would occur if he failed to obey the order.
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A civil action may not proceed absent the submission of either the filing fee or a completed

25 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to
26 comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine
27 (PPA) Products Liability Litigation, 460 F.3d 1217, 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 pay the filing fee or file a completed application to proceed in
forma pauperis.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30 days
after being served with these findings and recommendations, Plaintiff may file written objections
with the Court. Such a document should be captioned "Objections to Magistrate Judge's Findings
and Recommendations." The parties are advised that failure to file objections within the specified
time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th
Cir. 1991).

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IT IS SO ORDERED.
Dated:

April 1, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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