(PS) Alfaro v. Sacramento Housing and Redevelopment et al, No. 2:2010cv01258 - Document 4 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/21/10 RECOMMENDING that the 2 Motion to Proceed IFP be denied; pltf be provided 21 days to pay the initial filing fee of $350.00. Referred to Judge Morrison C. England, Jr. Objections to F&R due with 14 days of being served. (Owen, K)
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(PS) Alfaro v. Sacramento Housing and Redevelopment et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA ALFARO, 11 12 13 14 15 Plaintiff, No. 2:10-cv-01258 MCE KJN PS v. FINDINGS AND RECOMMENDATIONS SACRAMENTO HOUSING & REDEVELOPMENT; and REGINA ROGERS, Defendants. 16 / 17 Plaintiff, who is proceeding without counsel and has not paid the fee ordinarily 18 required to file an action in this court, previously filed an incomplete application to proceed in 19 forma pauperis pursuant to 28 U.S.C. § 1915(a). (See Dkt. No. 2). Because the incomplete 20 application prevented the court from properly evaluating whether plaintiff should be granted 21 leave to proceed in forma pauperis, the undersigned granted plaintiff twenty-one days within 22 which to either: (1) file a completed application to proceed in forma pauperis, or (2) file the 23 appropriate initial filing fee of $350.00. (Dkt. No. 3 at 2.) Plaintiff did not submit a completed 24 application or the appropriate initial filing fee. 25 Accordingly, IT IS HEREBY RECOMMENDED that: 26 1. Plaintiff’s application to proceed in forma pauperis be denied; and 1 Dockets.Justia.com 1 2 3 2. Plaintiff be provided twenty-one days within which to pay the initial filing fee of $350.00. 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 21, 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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