Smith, et al v. Bentley

Filing 8

FINDINGS and RECOMMENDATIONS, recommending that plaintiff's 5 Motion to Proceed In Forma Pauperis be denied and action be dismissed without prejudice, signed by Magistrate Judge Carolyn K. Delaney on 1/6/2016. These Findings & Recommendations are SUBMITTED to Judge Morrison C. England, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOLENE SMITH,

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No. 2:15-cv-2334 MCE CKD PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

KELLEY BENTLEY,
Defendant.

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By order filed December 4, 2015, plaintiffs were granted fourteen days in which to submit

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the appropriate fees to the Clerk of Court. Plaintiffs were cautioned that failure to pay the filing

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and general administrative fees in the amount of $400 would result in a recommendation that the

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action be dismissed. Plaintiffs have not paid the requisite fees and have not otherwise responded

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to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Plaintiffs’ motion to proceed in forma pauperis (ECF No. 5) be denied; and

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2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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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. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: January 6, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 smith2334.ftc

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