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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHALLA C. ALFARO BRITTANY, 12 13 14 15 No. 2:16-cv-0868 JAM GGH Plaintiff, v. FINDINGS AND RECOMMENDATION USA LEGAL, INC., et al., Defendants. 16 PROCEDURAL BACKGROUND 17 18 On May 23, 2016, this court issued an Order denying plaintiff’s application to proceed 19 without prepayment of fees under 28 U.S.C. §§ 1914(a), 1915(a), and directing plaintiff to pay 20 the applicable filing fee of $400.00 within 28 days from the date of the order. ECF No. 3. In that 21 order plaintiff was warned that failure to comply would result in a recommendation that 22 plaintiff’s complaint be dismissed. Id. Plaintiff has not complied as no filing fee has been paid. CONCLUSION 23 24 No action having been taken in response to the court’s order, this court finds and 25 recommends that this matter be dismissed with prejudice for failure to establish that she is entitled 26 to file in forma pauperis. 27 28 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 1 1 after service of this Order plaintiff may file written objections. Such a document should be 2 captioned Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised 3 that failure to file objections within the specified time may waive her right to appeal the District 4 Court’s Order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 10, 2016 6 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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