Gettings v. Link et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/9/16 Recommending that Plaintiff's 5 MOTION to PROCEED IN FORMA PAUPERIS 2 , be denied; and this Action be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JIMMY GETTINGS,
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No. 2:15-cv-2688 MCE CKD PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
CHRIS LINK, et al.,
Defendants.
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By order filed January 6, 2016, plaintiff was granted twenty-eight days in which to submit
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the appropriate fees to the Clerk of Court. Plaintiff was 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. Plaintiff has submitted another application to proceed in forma pauperis
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indicating that he has incurred medical expenses but does not indicate whether these expenses
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recur on a monthly basis. Whether or not these medical expenses are incurred monthly, however,
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in light of plaintiff’s monthly income and his low cost of living where he resides in the
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Phillippines, plaintiff has made an inadequate showing of indigency. Plaintiff has not paid the
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requisite fees and has not otherwise responded to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. Plaintiff’s motions to proceed in forma pauperis (ECF Nos. 2, 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: February 9, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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