Alfaro v. Sacramento Housing and Redevelopment et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/21/10 RECOMMENDING that the 2 Motion to Proceed IFP be denied; pltf be provided 21 days to pay the initial filing fee of $350.00. Referred to Judge Morrison C. England, Jr. Objections to F&R due with 14 days of being served. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. SACRAMENTO HOUSING & REDEVELOPMENT; and REGINA ROGERS, Defendants. / Plaintiff, who is proceeding without counsel and has not paid the fee ordinarily required to file an action in this court, previously filed an incomplete application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). (See Dkt. No. 2). Because the incomplete application prevented the court from properly evaluating whether plaintiff should be granted leave to proceed in forma pauperis, the undersigned granted plaintiff twenty-one days within which to either: (1) file a completed application to proceed in forma pauperis, or (2) file the appropriate initial filing fee of $350.00. (Dkt. No. 3 at 2.) Plaintiff did not submit a completed application or the appropriate initial filing fee. Accordingly, IT IS HEREBY RECOMMENDED that: 1. Plaintiff's application to proceed in forma pauperis be denied; and 1 MIKA ALFARO, Plaintiff, No. 2:10-cv-01258 MCE KJN PS FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. fee of $350.00.

Plaintiff be provided twenty-one days within which to pay the initial filing

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). DATED: June 21, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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