Thomas v. Nguyen et al

Filing 16

FINDINGS and RECOMMENDATIONS to Dismiss the Action for Plaintiff's Failure to Obey Court Order signed by Magistrate Judge Jennifer L. Thurston on 03/10/2015. Referred to Judge O'Neill; Objections to F&R due by 4/13/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEITH PREZELL THOMAS,

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Plaintiff,

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v.

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NGUYEN,et al.

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1:14-cv-1586 JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS THE ACTION FOR
PLAINTIFF'S FAILURE TO OBEY
COURT ORDER
(Doc. 9)

Defendants.

30-DAY DEADLINE

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On November 13, 2014, Plaintiff filed an application to proceed in forma pauperis rather

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than pay the filing fee. (Doc. 4.) On January 5, 2015, Plaintiff's application to proceed in forma

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pauperis was denied and he was ordered to pay the $400.00 filing fee in full within thirty days.

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(Docs. 9.) More than thirty days have passed and Plaintiff has failed to pay the filing fee.

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A civil action may not proceed absent the submission of either the filing fee or a

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completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Though Plaintiff

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submitted a completed application to proceed in forma pauperis, it was denied since Plaintiff had

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more than three strikes against him and did not meet the imminent danger of serious physical

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exception per 28 U.S.C. § 1915(g) at the time this action was filed. Based on Plaintiff’s

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ineligibility to proceed in forma pauperis and his failure to comply with the Court’s order to pay

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the filing fee in full, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA)

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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 $400.00 filing fee in full.
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 30

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

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objections with the Court. The document should be captioned AObjections to Magistrate Judge=s

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Findings and Recommendations.@ Plaintiff is advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, __ F.3d __, __,

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No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923

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F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
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Dated:

March 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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