Gonzales-Turner v. Sandor et al

Filing 15

FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED Without Prejudice for Plaintiff's Failure to Pay the $400.00 Filing Fee re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Jennifer L. Thurston on 8/11/2015. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY RECARDO GONZALESTURNER,
Plaintiff,

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v.

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FINDINGS AND RECOMMENDATIONS
TO DISMISS THE ACTION FOR
PLAINTIFF'S FAILURE TO OBEY
COURT ORDER
(Doc. 14)

SANDOR, et al.,
Defendants.

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1:15-cv-00131-LJO-JLT (PC)

30-DAY DEADLINE

On January 26, 2015, Plaintiff initiated this action by filing the Complaint and an

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application to proceed in forma pauperis. (Docs. 1, 3.) On July 2, 2015, The Court denied

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Plaintiff's application because he has suffered “three strikes” under the Prison Litigation Reform

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Act and could not demonstrate he was in imminent danger of serious physical harm. 28 U.S.C. §

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1915(g). Thus, the Court ordered him to pay the $400.00 filing fee within thirty days. (Docs.

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14.) More than thirty days have passed and Plaintiff has failed to pay the filing fee or otherwise

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respond.

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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. Based on

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

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order to pay the filing fee in full, dismissal of this action is appropriate. In re

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Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
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Local Rule 110.
Accordingly, it is HEREBY RECOMMENDED that this action be DISMISSED without
prejudice for Plaintiff's failure to pay the $400.00 filing fee.
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 “Objections 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, 772 F.3d 834,

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839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

August 11, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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