Solorio v. People

Filing 5

FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED Without Prejudice for Plaintiff's Failure to Comply With the Court's Order and to Pay the Filing Fee or File a Completed Application to Proceed In Forma Pauperis re 1 Complaint signed by Magistrate Judge Sheila K. Oberto on 7/21/2016. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
9

Case No. 1:16-cv-00472-SKO (PC)
ANSELMO SOLORIO,

10

Plaintiff,

11

v.

12

PEOPLE,

13

FINDINGS AND RECOMMENDATION TO
DISMISS ACTION WITHOUT PREJUDICE
FOR FAILURE TO OBEY A COURT ORDER AND
TO PAY FILING FEE OR FILE APPLICATION
TO PROCEED IN FORMA PAUPERIS
(Doc.3)

Defendant.

30-DAY DEADLINE

14
15
16
17
18
19
20
21
22
23
24
25
26
27

Plaintiff, Anselmo Solorio, is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. On April 18, 2016, an order issued for Plaintiff to submit an
application to proceed in forma pauperis, or to pay the filing fee within 45 days. (Doc. 3.)
Plaintiff has not complied with or otherwise responded to the Court’s order. (Id.) Plaintiff was
warned that recommendation for dismissal would issue if he failed to obey the order. (Id.)
A civil action may not proceed absent the submission of either the filing fee or a
completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on
Plaintiff’s failure to comply with the Court’s order, dismissal of this action is appropriate. In re
Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
Local Rule 110.
Accordingly, it is HEREBY RECOMMENDED that this action be dismissed without
prejudice for Plaintiff's failure to comply with the Court’s order and to pay the filing fee or file a

28
1

1

completed application to proceed in forma pauperis.

2
3
4
5
6
7
8

These Findings and Recommendations will be submitted to the United States District
Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30
days after being served with these Findings and Recommendations, Plaintiff may file written
objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,
839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

9
10
11
12

IT IS SO ORDERED.
Dated:

July 21, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.