(PC) Martinez v. Ornelas et al, No. 1:2022cv00909 - Document 12 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 9 Findings and Recommendations signed by District Judge Ana de Alba on 12/14/2022. CASE CLOSED. (Lundstrom, T)
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(PC) Martinez v. Ornelas et al Doc. 12 Case 1:22-cv-00909-ADA-GSA Document 12 Filed 12/14/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ, 12 Plaintiff, 13 v. 14 ORNELAS, et al., 15 No. 1:22-cv-00909-ADA-GSA (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CASE WITHOUT PREJUDICE, AND DIRECTING CLERK TO CLOSE CASE (ECF Nos. 8, 9) Defendants. 16 17 Plaintiff Ricardo Martinez is a state prisoner proceeding pro se with this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 14, 2022, the assigned Magistrate Judge issued findings and recommendations 21 recommending this action be dismissed, without prejudice, for Plaintiff’s failure to comply with 22 the Court’s order issued on September 23, 2022, which required Plaintiff to pay the $402.00 filing 23 fee in full within 30 days of that order. (ECF No. 9.) 24 On October 24, 2022, Plaintiff filed objections to the findings and recommendations, 25 requesting an extension of time to comply with the Court’s September 23, 2022, order. (ECF No. 26 10.) On October 27, 2022, the Court granted Plaintiff a 14-day extension of time to pay the filing 27 fee. (ECF No. 11.) The extended deadline, November 18, 2022, has now passed, and Plaintiff 28 has failed to pay the $402.00 filing fee. (See docket.) Dockets.Justia.com Case 1:22-cv-00909-ADA-GSA Document 12 Filed 12/14/22 Page 2 of 2 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 Court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, IT IS SO ORDERED: 5 1. The findings and recommendations issued on October 14, 2022 (ECF No. 9), are 6 adopted in full; 7 2. This case is dismissed, without prejudice, for Plaintiff’s failure to comply with the 8 Court’s order issued on September 23, 2022, requiring Plaintiff to pay the $402.00 9 filing fee; and 10 3. The Clerk of Court is directed to close this case. 11 12 13 14 15 IT IS SO ORDERED. Dated: December 14, 2022 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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