Bryson v. United States Department of Justice et al

Filing 5

FINDINGS and RECOMMENDATIONS Recommending Dismissing this Action re 1 , signed by Magistrate Judge Stanley A. Boone on 4/15/15. Referred to Judge Mueller. Fourteen-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILILAM MACK BRYSON, JR., Plaintiff, 12 13 14 Case No. 1:15-cv-00329-KJM-SAB FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING THIS ACTION v. UNITED STATES DEPARTMENT OF JUSTICE, et al., FOURTEEN (14) DAY DEADLINE 15 Defendants. 16 17 18 On March 3, 2015, Plaintiff William Mack Bryson, Jr. (“Plaintiff”) filed the complaint in 19 this action. Plaintiff did not paid the filing fee or file an application to proceed in forma pauperis 20 without prepayment of the fee. Therefore, on March 5, 2015, the Court issued an order directing 21 Plaintiff to file an application to proceed in forma pauperis or pay the filing fee within thirty 22 days. The May 5, 2015 order advised Plaintiff that failure to pay the filing fee or submit an 23 application to proceed in forma pauperis would result in dismissal of this action. More than 24 thirty days have passed and Plaintiff has not complied with or otherwise responded to the May 5, 25 2015 order. 26 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed without 27 prejudice for Plaintiff’s failure to pay the filing fee or submit an application to proceed in forma 28 pauperis in compliance with the March 5, 2015 order. 1 These findings and recommendations are submitted to the district judge assigned to this 1 2 action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 304. Within fourteen 3 (14) days of service of this recommendation, any party may file written objections to these 4 findings and recommendations with the Court and serve a copy on all parties. Such a document 5 should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The 6 district judge will review the magistrate judge’s findings and recommendations pursuant to 28 7 U.S.C. § 636(b)(1)(C). The parties are advised that failure to file objections within the specified 8 time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th 9 Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 11 IT IS SO ORDERED. 12 Dated: April 15, 2015 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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