(PS) Alfaro v. United States of America, No. 2:2012cv02113 - Document 5 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/29/2012 RECOMMENDING that this action be dismissed; Referred to Judge Kimberly J. Mueller; Objections due withing 14 days after being served with these F & R. (Reader, L)

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(PS) Alfaro v. United States of America 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 C. ALFARO, 11 12 13 14 Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. 15 16 No. 2:12-cv-2113 KJM GGH PS FINDINGS AND RECOMMENDATIONS / By an order filed October 18, 2012 plaintiff’s application to proceed in forma 17 pauperis was denied, plaintiff was directed to pay the appropriate filing fee within twenty-eight 18 days, and she was cautioned that failure to do so would result in a recommendation that this 19 action be dismissed. The twenty-eight day period has now expired, and plaintiff has not 20 responded to the court’s order and has not paid the appropriate filing fee. 21 Although it appears from the file that plaintiff’s copy of the order was returned, 22 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of her 23 current address at all times. L.R. 182(f). Pursuant to Local Rule 182(f), service of documents at 24 the record address of the party is fully effective. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: November 29, 2012 9 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 10 11 GGH/076/Alfaro2113.fifp.wpd 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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