Alfaro v. Black & Purple

Filing 5

FINDINGS and RECOMMENDATIONS, recommending that this action be dismissed and Clerk be directed to close this case, signed by Magistrate Judge Edmund F. Brennan on 11/7/2012. These Findings and Recommendations are SUBMITTED to Judge District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIKA C. ALFARO,
Plaintiff,

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No. 2:12-cv-2015-GEB-EFB PS

vs.
BLACK & PURPLE,
Defendant.

FINDINGS AND RECOMMENDATIONS
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On August 1, 2012, plaintiff, proceeding in pro se, requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to the undersigned by Local

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Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1).

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On August 22, 2012, the undersigned issued findings and recommendations herein,

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finding that plaintiff had failed to demonstrate that she has insufficient assets to pay the filing fee

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and costs and provide the necessities of life for herself and her two dependents, and therefore

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recommending that plaintiff’s application to proceed in forma pauperis be denied and that

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plaintiff be given thirty days in which to pay the filing fee of $350.00. Dckt. No. 3.

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On October 4, 2012, the findings and recommendations were adopted by the district

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judge; plaintiff’s application to proceed in forma pauperis was denied; and plaintiff was given

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thirty days in which to pay the filing fee of $350.00. Dckt. No. 4. The October 4 order further
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stated that “[f]ailure to timely pay the filing fee will result in a recommendation by the

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magistrate judge that this action be dismissed.”

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Although the deadline has passed, the court docket reflects that plaintiff has not paid the

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filing fee as ordered. Therefore, the undersigned will recommend that this action be dismissed

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for failure to prosecute. See Fed. R. Civ. P. 41(b); L.R. 110.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on

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plaintiff’s failure to prosecute the action; and
2. The Clerk of Court be directed to close this case.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: November 7, 2012.

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