Germani et al v. Safeway Grocery et al

Filing 11

ORDER by Judge James Donato adopting Report and Recommendations and Dismissing Case as to 7 Report and Recommendations.. (lrcS, COURT STAFF) (Filed on 4/13/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIAN M. GERMANI, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 17-cv-00742-JD

v.
SAFEWAY GROCERY, et al.,
Defendants.

ORDER ADOPTING REPORT
AND RECOMMENDATION AND
DISMISSING CASE
Re: Dkt. No. 7

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The Court has reviewed Chief Magistrate Judge Joseph Spero’s report and

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recommendation. Dkt. No. 7. No objections have been filed in response to the report, and the

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time to file objections has expired. See Fed. R. Civ. P. 72(b).

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Plaintiffs have now twice been advised that they have not adequately demonstrated

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indigence in this case, see Dkt. Nos. 5, 7, and yet they have still failed to either file a sufficient

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application to proceed in forma pauperis signed by Collier or to pay the filing fee. The Court

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agrees with Magistrate Judge Spero’s recommendation that in this circumstance, the case should

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be dismissed. Dkt. No. 7.

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The Court consequently adopts in full Magistrate Judge Spero’s report and
recommendation, and orders the case dismissed without prejudice for failure to pay the filing fee.
IT IS SO ORDERED.
Dated: April 13, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIAN M. GERMANI, et al.,

Case No. 17-cv-00742-JD

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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SAFEWAY GROCERY, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on April 13, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Donald T. Collier
1639 Lemon Street
Vallejo, CA 94590
Kristian M. Germani
270 Monarch Court, C
Santa Rosa, CA 95401

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Dated: April 13, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
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