Alfaro v. United States of America

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/25/13 RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on plaintiff's failure to prosecute the action; and the Cler k be directed to close this case. Matter referred to Judge Morrison C. England, Jr.. Within 14 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. (Kastilahn, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

MIKAELLA C. ALFARO,
Plaintiff,

11
12
13
14
15
16

No. 2:12-cv-3100-MCE-EFB PS

vs.
UNITED STATES OF AMERICA,
Defendant.

FINDINGS AND RECOMMENDATIONS
/

On December 27, 2012, plaintiff, proceeding in pro se, requested leave to proceed in

17

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

18

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

19

On January 7, 2013, the undersigned issued findings and recommendations herein,

20

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

21

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

22

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

23

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

24

On February 5, 2013, the findings and recommendations were adopted by the district

25

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

26

thirty days in which to pay the filing fee of $350.00. Dckt. No. 4. The February 5, 2013 order
1

1

further stated that “[f]ailure to timely pay the filing fee will result in a recommendation by the

2

assigned Magistrate Judge that this action be dismissed.” Id. at 2.

3

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

4

filing fee as ordered or otherwise responded to the court’s order. Therefore, the undersigned will

5

recommend that this action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); L.R.

6

110.

7

Accordingly, IT IS HEREBY RECOMMENDED that:

8

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

9

plaintiff’s failure to prosecute the action; and

10

2. The Clerk be directed to close this case.

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

DATED: March 25, 2013.

19
20
21
22
23
24
25
26
2