(PC) Thomas v. Nguyen et al, No. 1:2014cv01586 - Document 16 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS to Dismiss the Action for Plaintiff's Failure to Obey Court Order signed by Magistrate Judge Jennifer L. Thurston on 03/10/2015. Referred to Judge O'Neill; Objections to F&R due by 4/13/2015. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH PREZELL THOMAS, 12 Plaintiff, 13 v. 14 NGUYEN,et al. 15 1:14-cv-1586 JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS THE ACTION FOR PLAINTIFF'S FAILURE TO OBEY COURT ORDER (Doc. 9) Defendants. 30-DAY DEADLINE 16 17 On November 13, 2014, Plaintiff filed an application to proceed in forma pauperis rather 18 than pay the filing fee. (Doc. 4.) On January 5, 2015, Plaintiff's application to proceed in forma 19 pauperis was denied and he was ordered to pay the $400.00 filing fee in full within thirty days. 20 (Docs. 9.) More than thirty days have passed and Plaintiff has failed to pay the filing fee. 21 A civil action may not proceed absent the submission of either the filing fee or a 22 completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Though Plaintiff 23 submitted a completed application to proceed in forma pauperis, it was denied since Plaintiff had 24 more than three strikes against him and did not meet the imminent danger of serious physical 25 exception per 28 U.S.C. § 1915(g) at the time this action was filed. Based on Plaintiff’s 26 ineligibility to proceed in forma pauperis and his failure to comply with the Court’s order to pay 27 the filing fee in full, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) 28 Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. 1 1 2 3 Accordingly, it is HEREBY RECOMMENDED that this action be DISMISSED without prejudice for Plaintiff's failure to pay the $400.00 filing fee in full. 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 30 5 days after being served with these Findings and Recommendations, Plaintiff may file written 6 objections with the Court. The document should be captioned AObjections to Magistrate Judge=s 7 Findings and Recommendations.@ Plaintiff is advised that failure to file objections within the 8 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, __ F.3d __, __, 9 No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923 10 F.2d 1391, 1394 (9th Cir. 1991)). 11 IT IS SO ORDERED. 12 13 Dated: March 10, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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