Blank et al v. Seirra Hospital et al.

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/9/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations.(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL BLANK APPAREL, INC., et al.,

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No. 2:17-cv-451-KJM-EFB PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

SIERRA HOSPITAL, et al.,

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Defendants.

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Plaintiff Paul Blank, proceeding pro se, has filed a complaint purporting to allege civil

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rights violations. On March 21, 2017, the court found that plaintiff had failed to pay the $400

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filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and

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submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). ECF No. 4.

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Accordingly, the court ordered plaintiff to submit either the filing fee or the application required

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by § 1915(a) within thirty days and warned him that failure to do so may result in this action

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being dismissed. The time for acting has passed and plaintiff has not paid the filing fee,

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submitted an application for leave to proceed in forma pauperis or otherwise responded to the

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court’s order.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice.

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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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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

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Dated: May 9, 2017.

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