(SS)(PS)Brittany v. Commissioner of Social Security, No. 2:2018cv00926 - Document 4 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/25/2018 ORDERING the Clerk of Court shall randomly assign a United States District Judge to this action. IT IS ALSO HEREBY RECOMMENDED that the action be dismissed without prejudice. The Clerk of Court 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 MICHALLA ALFARO BRITTANY, 12 13 14 15 No. 2:18-cv-0926-KJN Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, ORDER AND FINDINGS AND RECOMMENDATIONS 16 17 Defendant. 18 19 20 On May 1, 2018, the court denied plaintiff’s motion to proceed in forma pauperis, and 21 directed plaintiff to pay the applicable filing fee within 28 days. (ECF No. 3.) Plaintiff was 22 expressly cautioned that failure to timely pay the filing fee may result in dismissal of the action 23 pursuant to Federal Rule of Civil Procedure 41(b). (Id.) 24 Although the deadline has now long passed, plaintiff failed to pay the filing fee or request 25 an extension of time to do so. As such, it appears that plaintiff has abandoned prosecution of this 26 action, and that dismissal of the action without prejudice is appropriate. 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a United States District Judge to this action. 1 1 IT IS ALSO HEREBY RECOMMENDED that: 2 1. The action be DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of 3 Civil Procedure 41(b). 4 2. The Clerk of Court be directed to close this case. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 7 days after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 10 shall be served on all parties and filed with the court within fourteen (14) days after service of the 11 objections. The parties are advised that failure to file objections within the specified time may 12 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 13 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 14 15 IT IS SO ORDERED AND RECOMMENDED. Dated: June 25, 2018 16 17 18 19 20 21 22 23 24 25 26 27 28 2