-KJN (PS) Leskinen v. Halsey et al, No. 2:2010cv03363 - Document 11 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/13/11 RECOMMENDING that plaintiff's in forma pauperis status be revoked without prejudice. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
Download PDF
-KJN (PS) Leskinen v. Halsey et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAURA LESKINEN, 11 Plaintiff, 12 13 No. 2:10-cv-03363 MCE KJN PS v. CAROLYN A. HALSEY, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 Through these proposed findings and recommendations, the undersigned 17 recommends that plaintiff’s in forma pauperis status be revoked. However, such revocation 18 should be without prejudice. 19 On March 7, 2011, the undersigned entered an order granting plaintiff’s 20 application for leave to proceed in forma pauperis and dismissing plaintiff’s complaint without 21 prejudice pursuant to 28 U.S.C. § 1915(e)(2). (Order, Mar. 7, 2011, Dkt. No. 4.) That order 22 granted plaintiff 30 days from the date of that order to file a first amended complaint. (Id. at 11.) 23 On March 21, 2011, plaintiff filed a motion for a 30-day extension of time within 24 which plaintiff would be required to file her first amended complaint. (Dkt. No. 6.) The 25 undersigned granted plaintiff’s request. (Order, Mar. 29, 2011, Dkt. No. 8.) 26 //// 1 Dockets.Justia.com 1 On May 6, 2011, plaintiff filed a First Amended Complaint and voluntarily paid 2 the $350.00 filing fee associated with opening a case.1 (First Am. Compl., Dkt. No. 9.) As a 3 result of plaintiff’s voluntary payment of the filing fee upon filing her First Amended Complaint, 4 it appears that plaintiff was able to pay the filing fee and is no longer entitled to proceed in forma 5 pauperis in this action. 6 7 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s in forma pauperis status be revoked without prejudice. 8 9 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 10 days after being served with these findings and recommendations, any party may file written 11 objections with the court and serve a copy on all parties. Id.; see also E. Dist. Local Rule 304(b). 12 Such a document should be captioned “Objections to Magistrate Judge’s Findings and 13 Recommendations.” Any response to the objections shall be filed with the court and served on 14 all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). 15 Failure to file objections within the specified time may waive the right to appeal the District 16 Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 17 1153, 1156-57 (9th Cir. 1991). 18 19 IT IS SO RECOMMENDED. DATED: May 13, 2011 20 21 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 22 23 24 25 1 26 As a result, the Clerk of Court issued a summons in this case. (Summons In A Civil Case, Dkt. No. 10.) 2