(PS) Dacumos v. World Savings, No. 2:2010cv00854 - Document 4 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/14/10 RECOMMENDING that 2 plf's IFP application be denied and that plf be provided 21 days to pay the $350 filing fee. Failure to timely pay the filing fee will result in a recommendation that this action be dismissed. Objections to these F&Rs due w/i 14 days; referred to Judge Frank C. Damrell, Jr. (Benson, A.)
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(PS) Dacumos v. World Savings Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDUARDO DACUMOS, 11 12 13 14 Plaintiff, No. 2:10-cv-00854 FCD KJN PS v. FINDINGS AND RECOMMENDATIONS WORLD SAVINGS BANK, Defendant. 15 / 16 Plaintiff, who is proceeding without counsel and has not paid the fee ordinarily 17 required to file an action in this court, previously filed an incomplete application to proceed in 18 forma pauperis pursuant to 28 U.S.C. § 1915(a). (See Dkt. No. 2). Because the incomplete 19 application prevented the court from properly evaluating whether plaintiff should be granted 20 leave to proceed in forma pauperis, the undersigned granted plaintiff twenty-one days within 21 which to either: (1) file a completed application to proceed in forma pauperis, or (2) file the 22 appropriate initial filing fee of $350.00. (Order, Dkt. No. 3, May 10, 2010.) Plaintiff did not 23 submit a completed application or the appropriate initial filing fee. 24 Accordingly, IT IS HEREBY RECOMMENDED that: 25 1. Plaintiff’s application to proceed in forma pauperis be denied; and 26 2. Plaintiff be provided twenty-one days within which to pay the initial filing 1 Dockets.Justia.com 1 fee of $350.00. Failure to timely pay the filing fee will result in a recommendation that this 2 action be dismissed. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a 7 document should be captioned “Objections to Magistrate Judge’s Findings and 8 Recommendations.” Failure to file objections within the specified time may waive the right to 9 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 11 DATED: June 14, 2010 12 13 14 15 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 2
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