(PS) Lara et al v. JP Morgan Chase Bank, No. 2:2008cv03114 - Document 4 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/12/2009 recommending that this action be dismissed without prejudice re 1 Complaint filed by Delia G Lara, Jose V Lara. Objections to F&R due w/in 15 days. (Matson, R) Modified on 8/13/2009 (Matson, R).

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(PS) Lara et al v. JP Morgan Chase Bank Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE V. LARA and DELIA G. LARA, 11 Plaintiffs, No. CIV S-08-3114 MCE DAD PS 12 vs. 13 JPMORGAN CHASE BANK, 14 Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed and served on July 14, 2009, plaintiffs were directed to submit the 17 $350.00 filing fee to the Clerk of the Court within fifteen days. The court advised plaintiffs that 18 the court would entertain a request for a reasonable extension of time to comply with the order 19 but also cautioned plaintiffs that any request for extension of time must be filed prior to the 20 expiration of the fifteen-day period. Plaintiffs were also cautioned that failure to comply with the 21 court’s order in a timely manner will result in a recommendation that this action be dismissed 22 without prejudice. The fifteen-day period has now expired, and plaintiffs have not responded to 23 the court’s order in any manner. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 25 without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 26 ///// 1 Dockets.Justia.com 1 These findings and recommendations will be submitted to the United States 2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 3 fifteen days after these findings and recommendations are filed, plaintiffs may file written 4 objections with the court. A document containing objections should be titled “Objections to 5 Magistrate Judge’s Findings and Recommendations.” Plaintiffs are advised that failure to file 6 objections within the specified time may waive the right to appeal the District Court’s order. See 7 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: August 12, 2009. 9 10 11 12 DAD:kw Ddad1\orders.prose\lara3114.fpf 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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