(PS) Harris v. Bercerra et al, No. 2:2018cv02754 - Document 4 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/14/18 RECOMMENDING that the action be Dismissed without prejudice and that the clerk be Directed to close the case. Referred to Judge Morrison C. England, Jr. 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 ARTHUR HARRIS, 12 Plaintiff, 13 14 No. 2:18-cv-2754-MCE-KJN PS v. FINDINGS AND RECOMMENDATIONS XAVIER BECERRA, et al. 15 Defendants. 16 17 On November 8, 2018, the court denied plaintiff’s motion to proceed in forma pauperis, 18 19 and directed plaintiff to either pay the applicable filing fee or submit a properly-completed 20 motion to proceed in forma pauperis within 28 days. (ECF No. 3.) Plaintiff was expressly 21 cautioned that failure to either pay the filing fee or submit a properly-completed motion to 22 proceed in forma pauperis by the applicable deadline would be deemed to be plaintiff’s 23 abandonment of the action and would result in dismissal of the action. (Id.) Although the applicable deadline has now passed, plaintiff failed to pay the filing fee or 24 25 submit a properly-completed motion to proceed in forma pauperis, nor did he request an 26 extension of time to do so based on any articulated cause. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. The action be dismissed without prejudice. 3 2. The Clerk of Court be directed to close this case. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 6 days after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 9 shall be served on all parties and filed with the court within fourteen (14) days after service of the 10 objections. The parties are advised that failure to file objections within the specified time may 11 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 12 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 13 Dated: December 14, 2018 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2