(PS)Ortiz v. Enhanced Recovery Company et al, No. 2:2017cv00567 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 RECOMMENDING that the 2 Motion to Proceed IFP be denied and that the 1 Complaint be dismissed without prejudice; REFERRING this matter to Judge Morrison C. England, Jr.; ORDERING that any objections be filed within fourteen days. (Michel, G.)
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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 RENE ORTIZ, 12 13 14 15 No. 2:17-0567 MCE CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS ENHANCED RECOVERY COMPANY, et al., Defendants. 16 17 18 By order filed March 22, 2017, plaintiff was granted fourteen days in which to submit the 19 appropriate fees to the Clerk of Court. Plaintiff was cautioned that failure to pay the filing and 20 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: April 10, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 ortiz0567.ftc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2