(PS) McClain v. Strand et al, No. 2:2015cv02009 - Document 4 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/15 RECOMMENDING that Plaintiff's 2 motion to proceed in forma pauperis be denied; and this action be dismissed without prejudice. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Matter referred to District Judge Kimberly J. Mueller. (Kastilahn, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 DONELLE McCLAIN, on behalf of IMHOTEP SALAT Plaintiff, 13 14 15 No. 2:15-cv-02009 KJM CKD PS FINDINGS AND RECOMMENDATIONS v. MARY STRAND, et al., Defendants. 16 17 18 By order filed September 25, 2015, plaintiff was granted fourteen days in which to submit 19 the appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing 20 and general administrative fees in the amount of $400 would result in a recommendation that the 21 action be dismissed. Plaintiff has not paid the requisite fees and has not otherwise responded to 22 the court’s order. 23 Accordingly, IT IS HEREBY RECOMMENDED that: 24 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 25 2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 14, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 mcclain2009.ftc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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