Ortiz v. Enhanced Recovery Company et al

Filing 4

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 RECOMMENDING that the 2 Motion to Proceed IFP be denied and that the 1 Complaint be dismissed without prejudice; REFERRING this matter to Judge Morrison C. England, Jr.; ORDERING that any objections be filed within fourteen days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENE ORTIZ,

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No. 2:17-0567 MCE CKD PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

ENHANCED RECOVERY COMPANY,
et al.,
Defendants.

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By order filed March 22, 2017, plaintiff was granted fourteen days in which to submit the

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appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing and

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

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action be dismissed. Plaintiff has not paid the requisite fees and has not otherwise responded to

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the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) 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: April 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 ortiz0567.ftc

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