Boudreau v. Commissioner of Social Security

Filing 7

FINDINGS and RECOMMENDATIONS recommending dismissing 1 action for failure to pay filing fee, signed by Magistrate Judge Stanley A. Boone on 3/3/2015. Matter is referred to Judge O' Neill. Objections to F&R due by 3/20/2015. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE RAYMOND BOUDREAU,
Plaintiff,

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Case No. 1:15-cv-00088-LJO-SAB
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING ACTION
FOR FAILURE TO PAY FILING FEE

v.
COMMISSIONER OF SOCIAL SECURITY,

OBJECTIONS DUE WITHIN FOURTEEN
DAYS

Defendant.

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On January 19, 2015, Plaintiff Maurice Raymond Boudreau (“Plaintiff”) filed the

18 complaint in this action seeking judicial review of the final decision of Defendant Commissioner
19 of Social Security (“Defendant”) denying Plaintiff’s application for benefits under the Social
20 Security Act. (ECF No. 1.) On January 21, 2015, Plaintiff was found to be ineligible to proceed
21 without prepayment of fees and was ordered to pay the filing fee within thirty days. Plaintiff was
22 advised that failure to comply with the order would result in this action being dismissed. (ECF
23 No. 4.) More than thirty days have passed and Plaintiff has not paid the filing fee in this action
24 or otherwise responded to the Court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

26 prejudice for Plaintiffs’ failure to pay the filing fee in compliance with the January 21, 2015
27 order of the Court.
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These findings and recommendations are submitted to the district judge assigned to this
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1 action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 304. Within fourteen
2 (14) days of service of this recommendation, any party may file written objections to these
3 findings and recommendations with the Court and serve a copy on all parties. Such a document
4 should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The
5 district judge will review the magistrate judge’s findings and recommendations pursuant to 28
6 U.S.C. § 636(b)(1)(C). The parties are advised that failure to file objections within the specified
7 time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th
8 Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.

11 Dated:

March 3, 2015
UNITED STATES MAGISTRATE JUDGE

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