(PS) Whitsitt v. City of Tracy, California et al, No. 2:2018cv01962 - Document 6 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/10/18 RECOMMENDING that the action be dismissed without prejudice and that the clerk be directed to close the case. Referred to Judge Kendall J. Newman. Objections due within 14 days after being served with these findings and recommendations.(Coll, 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 WILLIAM J. WHITSITT, 12 Plaintiff, 13 14 No. 2:18-cv-1962-KJM-KJN PS v. FINDINGS AND RECOMMENDATION CITY OF TRACY, CALIFORNIA, et al. 15 Defendants. 16 17 On July 19, 2018, the court denied plaintiff’s motion to proceed in forma pauperis and 18 19 ordered plaintiff to pay the filing fee on a set installment schedule of $50 per month. (ECF No. 20 3.) Thereafter, plaintiff filed an objection to the court’s order, outlining certain additional 21 expenses which he failed to include in the original motion to proceed in forma pauperis. (ECF 22 No. 4.) On September 26, 2018, the court issued an order sustaining plaintiff’s objection in part. 23 24 (ECF No. 5.) For the reasons discussed in that order, incorporated here by reference, the court 25 modified plaintiff’s payments to $20.00 per month, with payments to the Clerk of Court due on 26 the first business day of each month starting in November 2018. (Id.) Plaintiff was expressly 27 cautioned that failure to timely pay the amounts due may result in dismissal of the action. (Id.) 28 //// 1 1 To date, although installment payments were due on November 1, 2018, and December 3, 2 2018, plaintiff has failed to make any payment, nor has he requested an extension of time to do so 3 based on any articulated cause. Therefore, at this juncture, the court recommends that the action 4 be dismissed without prejudice. 5 Accordingly, IT IS HEREBY RECOMMENDED that: 6 1. The action be dismissed without prejudice. 7 2. The Clerk of Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 10 days after being served with these findings and recommendations, any party may file written 11 objections with the court and serve a copy on all parties. Such a document should be captioned 12 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 13 shall be served on all parties and filed with the court within fourteen (14) days after service of the 14 objections. The parties are advised that failure to file objections within the specified time may 15 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 16 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 17 Dated: December 10, 2018 18 19 20 21 22 23 24 25 26 27 28 2