(PS) Alfaro v. Scott, No. 2:2010cv00892 - Document 6 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/1/2010 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b), based on pltf's failure to prosecute the action; and the clerk of the court be directed to close this case; Referred to Judge John A. Mendez; Objections due 14 days after being served with these F & R's. (Reader, L)
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(PS) Alfaro v. Scott Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA ALFARO, 11 Plaintiff, 12 vs. 13 No. CIV S-10-0892 JAM EFB PS MARK SCOTT, FINDINGS AND RECOMMENDATIONS 14 Defendant. / 15 16 On April 14, 2010, plaintiff, proceeding in pro se, requested leave to proceed in forma 17 pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to the undersigned by Local 18 Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). 19 On May 17, 2010, the undersigned issued findings and recommendations herein, finding 20 that plaintiff had failed to demonstrate that she has insufficient assets to pay the filing fee and 21 costs and provide the necessities of life for herself and her two dependents, and therefore 22 recommending that plaintiff’s application to proceed in forma pauperis be denied and that 23 plaintiff be given thirty days in which to pay the filing fee of $350.00. Dckt. No. 4. 24 On August 18, 2010, the findings and recommendations were adopted by the district 25 judge; plaintiff’s application to proceed in forma pauperis was denied; and plaintiff was given 26 thirty days in which to pay the filing fee of $350.00. Dckt. No. 5. The August 18 order further 1 Dockets.Justia.com 1 stated that “[f]ailure to pay the filing fee will result in a recommendation of dismissal by the 2 magistrate judge.” 3 Although the deadline has passed, the court docket reflects that plaintiff has not paid the 4 filing fee as ordered. Therefore, the undersigned will recommend that this action be dismissed 5 for failure to prosecute. See Fed. R. Civ. P. 41(b); L.R. 110. 6 Accordingly, IT IS HEREBY RECOMMENDED that: 7 1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on 8 9 plaintiff’s failure to prosecute the action; and 2. The Clerk of Court be directed to close this case. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 12 after being served with these findings and recommendations, any party may file written 13 objections with the court and serve a copy on all parties. Such a document should be captioned 14 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 15 within the specified time may waive the right to appeal the District Court’s order. Turner v. 16 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 DATED: October 1, 2010. 18 19 20 21 22 23 24 25 26 2