Burns v. County of Fresno et al, No. 1:2019cv00519 - Document 4 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS recommending as follows: 1) That the Court issue an order directing Plaintiff to pay the filing fee; and 2) If Plaintiff fails to pay the filing fee within 30 days of the issuance of an order adopting these findings and r ecommendations, the Court dismiss Plaintiff's case without prejudice for failure to pay the filing fee. These findings and recommendations are submitted to the district judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. & #167; 636(b)(1). Within thirty days after being served with these findings and recommendations, Plaintiff may file written objections with the Court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recomme ndations." Plaintiff is advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (quoting Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). Order signed by Magistrate Judge Erica P. Grosjean on 9/11/2019. (Rooney, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GINNY RENE BURNS, 12 13 Plaintiff, v. 14 COUNTY OF FRESNO, et al., 15 Defendants. Case No. 1:19-cv-00519-DAD-EPG FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF BE DIRECTED TO PAY FILING FEE WITHIN 30 DAYS OBJECTIONS DUE IN 30 DAYS 16 17 18 Plaintiff, Ginny Rene Burns is proceeding pro se in this action. On April 22, 2019, 19 Plaintiff applied to proceed in forma pauperis. (ECF No. 2.) The Court denied the motion without 20 prejudice, finding that Plaintiff’s in forma pauperis application was deficient. (ECF No. 3.) 21 Specifically, Plaintiff indicated that she received money from a business, profession, or other self- 22 employment, but Plaintiff failed to describe the source of money or state the amount she received 23 from that source or the amount she expects to continue to receive. The Court ordered Plaintiff to 24 submit a corrected and completed application within thirty days of the date of the order. 25 More than thirty days have passed since the Court’s order denying Plaintiff’s motion to 26 proceed in forma pauperis without prejudice, and Plaintiff has still not filed a corrected and 27 complete motion to proceed in forma pauperis. 28 1 1 Accordingly, the Court HEREBY RECOMMENDS as follows: 2 1. That the Court issue an order directing Plaintiff to pay the filing fee; 3 2. If Plaintiff fails to pay the filing fee within 30 days of the issuance of an order 4 adopting these findings and recommendations, the Court dismiss Plaintiff’s case 5 without prejudice for failure to pay the filing fee.1 These findings and recommendations are submitted to the district judge assigned to the 6 7 case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within thirty days after being 8 served with these findings and recommendations, Plaintiff may file written objections with the 9 Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 11 may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 12 2014) (quoting Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IT IS SO ORDERED. 15 Dated: September 11, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 1 28 If Plaintiff submits a corrected and complete application to proceed in forma pauperis within 30 days, this Court will vacate these findings and recommendations. 2

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