(PS) Gettings v. Link et al, No. 2:2015cv02688 - Document 6 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/9/16 Recommending that Plaintiff's 5 MOTION to PROCEED IN FORMA PAUPERIS 2 , be denied; and this Action be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY GETTINGS, 12 13 14 15 No. 2:15-cv-2688 MCE CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHRIS LINK, et al., Defendants. 16 17 By order filed January 6, 2016, plaintiff was granted twenty-eight days in which to submit 18 the appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing 19 and general administrative fees in the amount of $400 would result in a recommendation that the 20 action be dismissed. Plaintiff has submitted another application to proceed in forma pauperis 21 indicating that he has incurred medical expenses but does not indicate whether these expenses 22 recur on a monthly basis. Whether or not these medical expenses are incurred monthly, however, 23 in light of plaintiff’s monthly income and his low cost of living where he resides in the 24 Phillippines, plaintiff has made an inadequate showing of indigency. Plaintiff has not paid the 25 requisite fees and has not otherwise responded to the court’s order. 26 Accordingly, IT IS HEREBY RECOMMENDED that: 27 1. Plaintiff’s motions to proceed in forma pauperis (ECF Nos. 2, 5) be denied; and 28 2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: February 9, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 4 gettings2688.ftc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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