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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STACY NEWMAN, Plaintiff, 12 v. 13 14 LACKNER, et al., 15 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) 16 17 18 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. 24 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. 28 / / / 1 2 3 4 5 6 7 8 9 10 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). 11 12 13 IT IS SO ORDERED. Dated: April 1, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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