Alfaro v. Vital Records
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/13/2012 RECOMMENDING that this action be dismissed pursuant to F.R.Cv.P. Rule 41(b), based on Plaintiff's failure to prosecute the action; RECOMMENDING that the Clerk of Court be directed to close this case. Referred to Judge John A. Mendez. Objections due within 14 days. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MIKAELLA CRISTINA ALFARO,
Plaintiff,
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No. 2:12-cv-2293-JAM-EFB PS
vs.
VITAL RECORDS,
Defendant.
FINDINGS AND RECOMMENDATIONS
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On September 6, 2012, plaintiff, proceeding in pro se, requested leave to proceed in
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forma pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to the undersigned by
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Local 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 10, 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. Instead, plaintiff filed another application to proceed in forma pauperis.
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Dckt. No. 6. However, that application once again fails to demonstrate that plaintiff has
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insufficient assets to pay the filing fee and costs and provide the necessities of life for herself and
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her two dependents. 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:
1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on
plaintiff’s failure to prosecute the action; and
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2. The Clerk 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 13, 2012.
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