(PS)Alfaro v. Vital Records, No. 2:2012cv02293 - Document 7 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/13/2012 RECOMMENDING that this action be dismissed pursuant to F.R.Cv.P. Rule 41(b), based on Plaintiff's failure to prosecute the action; RECOMMENDING that the Clerk of Court be directed to close this case. Referred to Judge John A. Mendez. Objections due within 14 days. (Michel, G)
Download PDF
<![CDATA[
(PS)Alfaro v. Vital Records Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKAELLA CRISTINA ALFARO, Plaintiff, 11 12 13 14 15 16 No. 2:12-cv-2293-JAM-EFB PS vs. VITAL RECORDS, Defendant. FINDINGS AND RECOMMENDATIONS / On September 6, 2012, plaintiff, proceeding in pro se, requested leave to proceed in 17 forma pauperis pursuant to 28 U.S.C. § 1915. The matter was referred to the undersigned by 18 Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). 19 On August 22, 2012, the undersigned issued findings and recommendations herein, 20 finding that plaintiff had failed to demonstrate that she has insufficient assets to pay the filing fee 21 and 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. 3. 24 On October 10, 2012, 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. 4. The October 4 order further 1 Dockets.Justia.com 1 stated that “[f]ailure to timely pay the filing fee will result in a recommendation by the 2 magistrate judge that this action be dismissed.” 3 Although the deadline has passed, the court docket reflects that plaintiff has not paid the 4 filing fee as ordered. Instead, plaintiff filed another application to proceed in forma pauperis. 5 Dckt. No. 6. However, that application once again fails to demonstrate that plaintiff has 6 insufficient assets to pay the filing fee and costs and provide the necessities of life for herself and 7 her two dependents. Therefore, the undersigned will recommend that this action be dismissed 8 for failure to prosecute. See Fed. R. Civ. P. 41(b); L.R. 110. 9 10 11 Accordingly, IT IS HEREBY RECOMMENDED that: 1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on plaintiff’s failure to prosecute the action; and 12 2. The Clerk be directed to close this case. 13 These findings and recommendations are submitted to the United States District Judge 14 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 15 after being served with these findings and recommendations, any party may file written 16 objections with the court and serve a copy on all parties. Such a document should be captioned 17 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 18 within the specified time may waive the right to appeal the District Court’s order. Turner v. 19 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 20 DATED: November 13, 2012. 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
