Pierce v. Wagner et al

Filing 9

FINDINGS and RECOMMENDATIONS to Dismiss Based on Plaintiff's Failure to Obey Court Order and to Pay Filing Fee, signed by Magistrate Judge Jennifer L. Thurston on 4/27/16. Referred to Judge Drozd. Objections Due Within Thirty Days. Objections to F&R due by 5/31/2016(Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 SEAVON PIERCE, Plaintiff, 12 13 14 15 16 v. Case No. 1:16-cv-00045-DAD-JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS BASED ON PLAINTIFF’S FAILURE TO OBEY COURT ORDER AND TO PAY FILING FEE FRESNO FEDERAL COURT, et al., (Doc. 6) Defendants. 30-DAY DEADLINE On January 11, 2016, Plaintiff filed an application to proceed in forma pauperis pursuant 17 to 28 U.S.C. § 1915. (Doc. 2.) The Court denied the application and ordered him to pay the 18 $400.00 filing fee within thirty days. (Doc. 6.) More than thirty days have passed and Plaintiff 19 has failed to pay the filing fee. However, he did file a motion for reconsideration which the Court 20 denied. (Docs. 7, 8.) 21 A civil action may not proceed absent the submission of either the filing fee or an 22 approved application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. The Court denied 23 Plaintiff’s application to proceed in forma pauperis because he had filed at least three cases that 24 failed to state a claim or were frivolous and his current action did not demonstrate he was at 25 imminent danger of serious physical harm. (Doc. 6.) Despite being given thirty days to pay the 26 filing fee in full, Plaintiff has failed to do so. 27 Based on Plaintiff’s ineligibility to proceed in forma pauperis and his failure to comply 28 1 1 with the Court’s order to pay the filing fee in full, dismissal of this action is appropriate. In re 2 Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); 3 Local Rule 110. Accordingly, the Court RECOMMENDS that this action be DISMISSED 4 without prejudice for Plaintiff's failure to pay the $400.00 filing fee and that Plaintiff’s motion for 5 joinder under Rule 19 be denied. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the 8 Local Rules of Practice for the United States District Court, Eastern District of California. Within 9 30 days after being served with these findings and recommendations, Plaintiff may file written 10 objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Plaintiff is advised failure to file objections within the specified 12 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 13 Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014). 14 15 16 IT IS SO ORDERED. Dated: April 27, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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