(PS) Alfaro v. Marin, No. 2:2010cv02372 - Document 5 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/3/2010 RECOMMENDING that this action be dismissed pursuant to F.R.Civ.P. 41(b), based on pltf's failure to prosecute the action, and the clerk be directed to close the case. Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days. (Yin, K)
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(PS) Alfaro v. Marin Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA CHRISTINA ALFARO, 11 Plaintiff, 12 vs. 13 No. CIV S-10-2372 MCE EFB PS LETICIA MARIN, FINDINGS AND RECOMMENDATIONS Defendant. 14 / 15 This case, in which plaintiff is proceeding in propria persona, was referred to the 16 17 undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). By order filed 18 October 4, 2010, the assigned district judge adopted the undersigned’s findings and 19 recommendations and denied plaintiff’s application for leave to proceed in forma pauperis. 20 Dckt. No. 4. Plaintiff was granted thirty days in which to pay the filing fee required by 28 21 U.S.C. § 1914(a). Id. That order admonished plaintiff that failure to timely pay the filing fee 22 would result in a recommendation that this action be dismissed. Id. The thirty day period has now expired, and plaintiff has not paid the required filing fee 23 24 nor otherwise responded to the court’s order. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant 2 to Federal Rule of Civil Procedure 41(b), based on plaintiff’s failure to prosecute the action, and 3 the Clerk be directed to close the case. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court. Such a document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Failure to file objections within the specified time may waive 9 the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 10 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: December 3, 2010. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2