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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KRISTIAN M. GERMANI, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-00742-JD v. SAFEWAY GROCERY, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE Re: Dkt. No. 7 12 13 The Court has reviewed Chief Magistrate Judge Joseph Spero’s report and 14 recommendation. Dkt. No. 7. No objections have been filed in response to the report, and the 15 time to file objections has expired. See Fed. R. Civ. P. 72(b). 16 Plaintiffs have now twice been advised that they have not adequately demonstrated 17 indigence in this case, see Dkt. Nos. 5, 7, and yet they have still failed to either file a sufficient 18 application to proceed in forma pauperis signed by Collier or to pay the filing fee. The Court 19 agrees with Magistrate Judge Spero’s recommendation that in this circumstance, the case should 20 be dismissed. Dkt. No. 7. 21 22 23 24 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 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 KRISTIAN M. GERMANI, et al., Case No. 17-cv-00742-JD Plaintiffs, 5 v. CERTIFICATE OF SERVICE 6 7 SAFEWAY GROCERY, et al., Defendants. 8 9 10 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 11 12 13 14 15 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. 16 17 18 19 20 Donald T. Collier 1639 Lemon Street Vallejo, CA 94590 Kristian M. Germani 270 Monarch Court, C Santa Rosa, CA 95401 21 22 Dated: April 13, 2017 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 2

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