(PC) Dukes v. Todd et al, No. 1:2010cv00698 - Document 5 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS Recommending that 1 PRISONER CIVIL RIGHTS COMPLAINT be DISMISSED for Plaintiffs failure to pay the filing fee, signed by Magistrate Judge Sheila K. Oberto on 7/19/2010, referred to Judge O'Neill. Objections to F&R due by 8/23/2010(Marrujo, C)
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(PC) Dukes v. Todd et al Doc. 5 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MELVIN DUKES, 10 11 12 CASE NO. 1:10-cv-00698-LJO-SKO PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF THIS ACTION FOR PLAINTIFF’S FAILURE TO PAY THE FILING FEE v. TODD, et al., RESPONSE DUE WITHIN 20 DAYS 13 Defendants. / 14 15 Plaintiff Melvin Dukes (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 22, 2010, the Court issued 17 an order directing Plaintiff to submit an in forma pauperis application or pay the filing fee for this 18 action. (Doc. #3.) The order was mailed to Plaintiff and was later returned to the Court as 19 undeliverable because Plaintiff refused delivery of the mail containing the order. Plaintiff has not 20 paid the filing fee for this action or submitted an application to proceed in forma pauperis. 21 22 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed for Plaintiff’s failure to pay the filing fee. 23 These Findings and Recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within thirty (30) 25 days after being served with these Findings and Recommendations, any party may file written 26 objections with the Court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 28 shall be served and filed within ten (10) days after service of the objections. The parties are advised 1 Dockets.Justia.com 1 that failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 4 IT IS SO ORDERED. 5 Dated: ie14hj July 19, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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