Prater v. Medline et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/2/2017 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICOLE D. PRATER,

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No. 2:17-cv-01079-MCE-CKD (PS)

Plaintiff,

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v.

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MEDLINE, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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On August 24, 2017, the court denied plaintiff’s application to proceed in forma pauperis.

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(ECF No. 3.) Plaintiff was ordered to pay the filing fees within fourteen days. (Id.) She was

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“cautioned that failure to pay the filing and general administrative fees in the amount of $400 will

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result in a recommendation that the application to proceed in forma pauperis be denied and the

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instant action be dismissed without prejudice.” (Id.) Plaintiff has failed to pay the fees. As such,

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it appears that plaintiff has chosen to abandon this action, and dismissal is appropriate.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1.

The action be dismissed without prejudice for failure to follow the court’s order.

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2.

The Clerk of Court be directed to close this case.

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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: October 2, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/ps.17-1079.prater.f&R dismissal

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