(PS) Alfaro v. Black & Purple, No. 2:2012cv02015 - Document 5 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS, recommending that this action be dismissed and Clerk be directed to close this case, signed by Magistrate Judge Edmund F. Brennan on 11/7/2012. These Findings and Recommendations are SUBMITTED to Judge District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
Download PDF
<![CDATA[
(PS) Alfaro v. Black & Purple Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA C. ALFARO, Plaintiff, 11 12 13 14 15 16 No. 2:12-cv-2015-GEB-EFB PS vs. BLACK & PURPLE, Defendant. FINDINGS AND RECOMMENDATIONS / On August 1, 2012, plaintiff, proceeding in pro se, requested leave to proceed in forma 17 pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to the undersigned by Local 18 Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). 19 On August 22, 2012, the undersigned issued findings and recommendations herein, 20 finding that plaintiff had failed to demonstrate that she has insufficient assets to pay the filing fee 21 and costs and provide the necessities of life for herself and her two dependents, and therefore 22 recommending that plaintiff’s application to proceed in forma pauperis be denied and that 23 plaintiff be given thirty days in which to pay the filing fee of $350.00. Dckt. No. 3. 24 On October 4, 2012, the findings and recommendations were adopted by the district 25 judge; plaintiff’s application to proceed in forma pauperis was denied; and plaintiff was given 26 thirty days in which to pay the filing fee of $350.00. Dckt. No. 4. The October 4 order further 1 Dockets.Justia.com 1 stated that “[f]ailure to timely pay the filing fee will result in a recommendation by the 2 magistrate judge that this action be dismissed.” 3 Although the deadline has passed, the court docket reflects that plaintiff has not paid the 4 filing fee as ordered. Therefore, the undersigned will recommend that this action be dismissed 5 for failure to prosecute. See Fed. R. Civ. P. 41(b); L.R. 110. 6 Accordingly, IT IS HEREBY RECOMMENDED that: 7 1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on 8 9 plaintiff’s failure to prosecute the action; and 2. The Clerk of Court be directed to close this case. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 12 after being served with these findings and recommendations, any party may file written 13 objections with the court and serve a copy on all parties. Such a document should be captioned 14 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 15 within the specified time may waive the right to appeal the District Court’s order. Turner v. 16 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 DATED: November 7, 2012. 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
