Esparza v. Perdue et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/13/2018 RECOMMENDING that 2 Motion to Proceed IFP be denied and 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. (Fabillaran, J)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE MANUEL ESPARZA, 12 13 14 No. 2:18-cv-00154 KJM CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS SONNY PERDUE, et al., 15 Defendants. 16 17 By order filed February 22, 2018, plaintiff was granted fourteen days in which to submit 18 the appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing 19 and general administrative fees in the amount of $400 would result in a recommendation that the 20 action be dismissed. Plaintiff has not paid the requisite fees and has not otherwise responded to 21 the court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that: 23 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 24 2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: March 13, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2/esparza0154.ftc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?