(PC) Bonilla v. Tehema County, No. 2:2018cv02571 - Document 20 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/31/2018, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these Findings and Recommendations. (Huang, H)
Download PDF
<![CDATA[
(PC) Bonilla v. Tehema County Doc. 20 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 STEVEN WAYNE BONILLA, 11 12 13 14 No. 2:18-cv-2571-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS TEHEMA COUNTY, Defendant. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On September 28, 2018, the court found that plaintiff had failed to pay the $400 18 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and 19 submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Accordingly, 20 the court ordered plaintiff to submit either the filing fee or the application required by § 1915(a) 21 within thirty days and warned him that failure to do so may result in this action being dismissed. 22 ECF No. 3. The 30-day period has expired and plaintiff has neither paid the filing fee nor filed a 23 completed in forma pauperis application. Instead, he has filed several documents arguing that 24 “no filing fee is required when the court is under a duty to vacate the judgment and to 25 immediately release the innocent petitioner . . . .” ECF No. 6 at 3; see also ECF Nos. 7, 8, 9, 10, 26 11, 12. Plaintiff’s position lacks merit. Before the court examines the substance of any claim, 27 plaintiff must either pay the filing fee or seek leave to proceed in forma pauperis. See 28 U.S.C. 28 section 1914, 1915(a). Because plaintiff has done neither, this action must be dismissed. Dockets.Justia.com 1 Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 objections shall be served and filed within fourteen days after service of the objections. The 8 parties are advised that failure to file objections within the specified time may waive the right to 9 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: October 31, 2018. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
