-BAM (PC) Berrios v. Dileo et al, No. 1:2011cv01434 - Document 10 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Barbara A. McAuliffe on 11/3/2011 recommending that Case be DISMISSED for failure to obey a court order. Referred to Judge Anthony W. Ishii; Objections to F&R due by 11/21/2011. (Lundstrom, T)
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-BAM (PC) Berrios v. Dileo et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN BERRIOS, Plaintiff, 1:11-cv-01434-AWI-BAM-(PC) 13 vs. FINDINGS AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO OBEY A COURT ORDER 14 DR. DILEO, et al. OBJECTIONS DUE WITHIN FIFTEEN DAYS 12 15 Defendants. 16 ______________________________/ 17 18 On August 30,2011, the court issued an order for plaintiff to submit an application to 19 proceed in forma pauperis on the correct form or pay the filing fee, within forty-five (45) days. 20 The forty-five (45) day period has now expired, and plaintiff has not filed the correct application 21 to proceed in forma pauperis, pay the filing fee or otherwise responded to the court's order. 22 A civil action may not proceed absent the submission of either the filing fee or an 23 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has 24 submitted neither and has not responded to the Court’s order to do so, dismissal of this action is 25 appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 26 1226 (9th Cir. 2006); Local Rule 110. -1Dockets.Justia.com 1 2 3 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, without prejudice, for Plaintiff’s failure to comply with a court order. These findings and recommendations will be submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 5 fifteen (15) days after being served with these findings and recommendations, Plaintiff may file 6 written objections with the Court. The document should be captioned “Objections to Magistrate 7 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 9 Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 11 IT IS SO ORDERED. Dated: 10c20k November 3, 2011 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-
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