White v. Bunzuela

Filing 54

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/8/2014 DENYING petitioner's 24 , 31 , 34 , 42 43 motions to proceed IFP; and the Clerk shall assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice and this case closed. Assigned and Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HORTENSE WHITE,

12

Petitioner,

13
14

No. 2:14-cv-0671 CKD P

v.

ORDER AND

MARITA BUNZUELA,

15

FINDINGS AND RECOMMENDATIONS

Respondent.

16
By an order filed April 4, 2014, petitioner was ordered to either file a completed in forma

17
18

pauperis application or pay the filing fee for this action within thirty days. She was cautioned that

19

failure to do so would result in a recommendation that this action be dismissed. (ECF No. 16.)

20

The thirty day period has now expired, and while petitioner has filed numerous documents in this

21

action, including five purported motions to proceed in forma pauperis (ECF Nos. 24, 31, 34, 42,

22

43)1, she has not filed a completed application or paid the filing fee.

23

Twice, petitioner has been ordered to pay the filing fee or submit a completed IFP

24

application to proceed with this action (ECF Nos. 6, 16), and has failed to do so. Thus the court

25

will recommend that this action be dismissed without prejudice.

26

1

27
28

Four of these applications consist of in forma pauperis forms not used by this court. None
include a certified copy of petitioner’s prison trust account statement for the past six months, and
none of petitioner’s affidavits are certified by an authorized prison official. (See ECF No. 16 at
1.)
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Petitioner’s motions to proceed in forma pauperis (ECF Nos. 24, 31, 34, 42, 43) are

3

denied; and

4

2. The Clerk of Court shall assign a district judge to this action.

5

IT IS HEREBY RECOMMENDED THAT this action be dismissed without prejudice and

6

this case closed.

7

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

8

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

9

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

10

objections with the court. The document should be captioned “Objections to Magistrate Judge’s

11

Findings and Recommendations.” Petitioner is advised that failure to file objections within the

12

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

13

F.2d 1153 (9th Cir. 1991).

14

Dated: May 8, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23

2 / whit0671.fifp_fr

24
25
26
27
28
2