(PS) Balancio et al v. Solano County Superior Court et al, No. 2:2020cv01831 - Document 4 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/8/2020 RECOMMENDING that 1 Complaint be DISMISSED without prejudice and that the Clerk of Court be directed to close this case. Referred to District Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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(PS) Balancio et al v. Solano County Superior Court et al Doc. 4 Case 2:20-cv-01831-TLN-CKD Document 4 Filed 12/08/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCE BALANCIO, 12 13 14 15 No. 2:20-cv-01831-TLN-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS SOLANO SUPERIOR COURT, et al., Defendants. 16 17 Plaintiff proceeds pro se. This case was referred to the undersigned pursuant to 28 U.S.C. 18 section 636(b). On November 10, 2020, the undersigned denied plaintiff’s application to proceed 19 in forma pauperis and ordered plaintiff to pay the required filing and administrative fees within 20 fourteen days. (ECF No. 3.) The deadline for plaintiff to pay the required fees passed, and 21 plaintiff never paid. Although it appears that plaintiff’s copy of the November 10, 2020 order 22 was returned, plaintiff was properly served with it. It is plaintiff’s responsibility to keep the court 23 apprised of his current address at all times. Under Local Rule 182(f), service of documents at the 24 party’s record address is fully effective. L.R. 182(f). 25 Federal Rule of Civil Procedure 41 allows a court to dismiss an action sua sponte for 26 failure to prosecute or for failure to comply with the federal rules or any court order. Fed. R. Civ. 27 P. 41(b). Plaintiff has been given ample opportunity to pay the requisite fees. He has impliedly 28 refused or declined to do so. Thus, this action should be dismissed without prejudice for lack of 1 Dockets.Justia.com Case 2:20-cv-01831-TLN-CKD Document 4 Filed 12/08/20 Page 2 of 2 1 prosecution. See Fed. R. Civ. P. 41(b) (an involuntary dismissal “operates as an adjudication on 2 the merits,” unless otherwise specified). 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Plaintiff’s original complaint (ECF No. 1) be DISMISSED without prejudice; and 5 2. The Clerk of Court be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 8 days after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 11 shall be served on all parties and filed with the court within fourteen (14) days after service of the 12 objections. Failure to file objections within the specified time may waive the right to appeal the 13 District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 14 951 F.2d 1153 (9th Cir. 1991). 15 Dated: December 8, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 17.1831.dismiss 20 21 22 23 24 25 26 27 28 2
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