Alfaro Brittany v. USA Legal, Inc.

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/10/16 Recommending that this matter be dismissed re 1 Complaint filed by Michalla C. Alfaro Brittany. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez. Objections to these F&R due within thirty (30) 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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MICHALLA C. ALFARO BRITTANY,

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No. 2:16-cv-0868 JAM GGH

Plaintiff,
v.

FINDINGS AND RECOMMENDATION

USA LEGAL, INC., et al.,
Defendants.

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PROCEDURAL BACKGROUND

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On May 23, 2016, this court issued an Order denying plaintiff’s application to proceed

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without prepayment of fees under 28 U.S.C. §§ 1914(a), 1915(a), and directing plaintiff to pay

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the applicable filing fee of $400.00 within 28 days from the date of the order. ECF No. 3. In that

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order plaintiff was warned that failure to comply would result in a recommendation that

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plaintiff’s complaint be dismissed. Id. Plaintiff has not complied as no filing fee has been paid.
CONCLUSION

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No action having been taken in response to the court’s order, this court finds and

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recommends that this matter be dismissed with prejudice for failure to establish that she is entitled

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to file in forma pauperis.

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These findings and recommendations are submitted to the United States District Judge
assigned to this case, pursuant to the provisions of 28 U.S.C. 636(b)(1). Within thirty (30) days
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after service of this Order plaintiff may file written objections. Such a document should be

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captioned Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised

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that failure to file objections within the specified time may waive her right to appeal the District

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Court’s Order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 10, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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