(PC) Thornton v. Dahle, et al., No. 2:2014cv01039 - Document 25 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/12/15 denying 23 Motion to Compel. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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(PC) Thornton v. Dahle, et al. Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WADE THORNTON, 12 No. 2:14-cv-1039 MCE AC P Plaintiff, 13 v. 14 D. DAHLE, et al., 15 ORDER AND FINDINGS & RECOMMENDATIONS Defendants. 16 17 On May 13, 2015, defendants filed a motion to compel plaintiff’s attendance at his 18 deposition, for sanctions, and to modify the scheduling order. ECF No. 23. On May 27, 2015, 19 the court filed an order granting the motion to modify the scheduling order and ordering plaintiff 20 to respond to the motion to compel and for sanctions within fourteen days. ECF No. 24. Plaintiff 21 was also ordered to either pay the filing fee in full or submit a non-prisoner application to proceed 22 in forma pauperis within thirty days. Id. He was cautioned that failure to comply with the order 23 would result in a recommendation that the action be dismissed without prejudice. Id. The 24 fourteen and thirty day time periods have passed and plaintiff has not responded to the court’s 25 order, filed an opposition to the motion to compel, paid the filing fee, or filed a non-prisoner 26 application to proceed in forma pauperis. 27 28 Despite the fact that plaintiff has failed to respond to the motion to compel and for sanctions, the court will deny the motion and instead recommend that this action be dismissed 1 Dockets.Justia.com 1 because plaintiff has failed comply with this court’s order to pay the filing fee or file a non- 2 prisoner application to proceed in forma pauperis.1 3 4 Accordingly, IT IS HEREBY ORDERED that defendants’ motion to compel and for sanctions (ECF No. 23) is denied. 5 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 objections shall be served and filed within fourteen days after service of the objections. The 12 parties are advised that failure to file objections within the specified time may waive the right to 13 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: July 12, 2015 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 In the event the instant findings and recommendations are not adopted, the defendants may renew their motion to compel and for sanctions. 2

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