Ristau et al v. Guardians of El Dorado County et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/4/2017 RECOMMENDING that this action be dismissed without prejudice. The Clerk be directed to close this case. Referred to Judge Morrison C. England, Jr. Objections to F&R due within 14 days. (Zignago, K.)

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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 RISTAU, et al., 12 13 14 15 No. 2:17-cv-00574-MCE-KJN (PS) Plaintiffs, v. FINDINGS AND RECOMMENDATIONS GUARDIANS OF EL DORADO COUNTY, et al., Defendants. 16 17 18 Plaintiffs, who proceed pro se, filed this action and requested leave to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) On August 29, 2017, the court denied 20 plaintiffs’ applications to proceed in forma pauperis and ordered plaintiffs to “either (a) pay the 21 applicable filing fee or (b) each file an application to proceed in forma pauperis that adequately 22 demonstrates that each plaintiff is unable to pay the filing fee” within 28 days. (ECF No. 3.) 23 Moreover, the court admonished plaintiffs that “failure to either pay the filing fee or file sufficient 24 applications to proceed in forma pauperis by the above deadline will result in a recommendation 25 that the action be dismissed.” (Id.) Because plaintiffs have failed to take any action since the 26 court’s order, it appears that they have chosen to abandon this action. 27 Accordingly, IT IS HEREBY RECOMMENDED that: 28 1. The action be dismissed without prejudice. 1 1 2. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 IT IS SO RECOMMENDED 10 The Clerk of Court be directed to close this case. Dated: October 4, 2017 11 12 13 14/ps.17-574.ristau.F&R dismissal 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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