(PS) Jenkins v. JP Morgan Chase Bank, No. 2:2017cv00878 - Document 6 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/4/2017 RECOMMENDING that this action be dismissed without prejudice. The Clerk be directed to close this case. Referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, K.)
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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 JOHN LAMAR JENKINS, 12 Plaintiff, 13 14 v. No. 2:17-cv-0878-TLN-KJN (PS) FINDINGS AND RECOMMENDATIONS JP MORGAN CHASE BANK, 15 Defendant. 16 17 Plaintiff, who proceeds pro se, filed this action and requested leave to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) On August 29, 2017, the court denied 19 plaintiff’s application to proceed in forma pauperis and ordered plaintiff to “either (a) pay the 20 applicable filing fee or (b) file an amended application to proceed in forma pauperis that 21 adequately demonstrates that plaintiff is unable to pay the filing fee” within 28 days. (ECF No. 22 5.) Moreover, the court admonished plaintiff that “failure to either pay the filing fee or file a 23 sufficient application to proceed in forma pauperis by the above deadline will result in a 24 recommendation that the action be dismissed.” (Id.) Because plaintiff has failed to take any 25 action since the court’s order, it appears that he has chosen to abandon this action. 26 Accordingly, IT IS HEREBY RECOMMENDED that: 27 1. The action be dismissed without prejudice. 28 2. The Clerk of Court be directed to close this case. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” 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 IT IS SO RECOMMENDED 9 Dated: October 4, 2017 10 11 12 14/ps.17-878.jenkins.F&R dismissal 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2