Burns v. County of Fresno et al, No. 1:2019cv00519 - Document 5 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 4 Findings and Recommendations, signed by District Judge Dale A. Drozd on 12/9/19. $400 filing fee due within 30 days. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GINNY RENE BURNS, 12 13 No. 1:19-cv-00519-DAD-EPG Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 COUNTY OF FRESNO, et al., 15 Defendants. (Doc. Nos. 2, 4) 16 17 Plaintiff Ginny Rene Burns is proceeding pro se in this action. Along with the complaint, 18 plaintiff filed a motion to proceed in forma pauperis. (Doc. No. 2.) The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 25, 2019, the assigned magistrate judge issued an order denying plaintiff’s 21 motion to proceed in forma pauperis without prejudice and directing plaintiff to file a properly 22 completed application to proceed in forma pauperis within 30 days of the date of that order. 23 (Doc. No. 3.) However, plaintiff did not file a corrected or completed application. 24 Accordingly, on September 11, 2019, the assigned magistrate judge issued findings and 25 recommendations, recommending that plaintiff be required to pay the filing fee and that if 26 plaintiff failed to pay the fee within thirty (30) days of the date the order adopting the findings 27 and recommendations, then plaintiff’s case be dismissed without prejudice for failure to pay the 28 filing fee. (Doc. No. 4.) The pending findings and recommendations were served on plaintiff and 1 1 contained notice that any objections thereto were to be filed within thirty (30) days from the date 2 of service. (Doc. No. 4 at 2.) The period for filing objections has passed and no objections have 3 been filed. Moreover, plaintiff has not filed a corrected or completed application to proceed in 4 forma pauperis and has not paid the required filing fee as directed. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 6 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 7 court finds the pending findings and recommendations to be supported by the record and proper 8 analysis. 9 10 Accordingly: 1. 11 12 adopted in full; 2. 13 14 17 18 Plaintiff shall pay the $400 filing fee in full within 30 days of the date of this order; and 3. 15 16 The findings and recommendations issued on September 11, 2019 (Doc. No. 4) are If plaintiff fails to pay the filing fee in compliance with this order, this action will be dismissed without prejudice. IT IS SO ORDERED. Dated: December 9, 2019 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 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.