(HC) Dorsey v. Unknown, No. 2:2022cv00731 - Document 7 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/01/2022 RECOMMENDING that this action be dismissed without prejudice for failure to pay the filing fee and failure to comply with court orders. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Spichka, 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 ROMALES DORSEY, Jr., 12 13 14 15 Petitioner, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PAY THE FILING FEE AND FAILURE TO COMPLY WITH COURT ORDERS Respondent. OBJECTIONS DUE WITHIN FOURTEEN DAYS v. UNKNOWN, 16 17 Case No. 2:22-cv-00731-TLN-JDP (HC) On July 12, 2022, I informed petitioner that he had not properly commenced a civil action 18 and granted him thirty days to file a petition for writ of habeas corpus and either the $5 filing fee 19 or an application for leave to proceed in forma pauperis. ECF No. 5. Petitioner did not respond 20 to that order. Accordingly, on October 5, 2022, I order petitioner to submit, within thirty days, 21 either the $5.00 filing fee or an application to proceed in forma pauperis. ECF No. 6. I warned 22 petitioner that failure to comply with that order would result in a recommendation that this action 23 be dismissed. Id. The deadline has passed, and petitioner has neither paid the filing fee nor filed 24 an application to proceed in forma pauperis. 25 Accordingly, it is RECOMMENDED that: 26 1. This action be dismissed without prejudice for failure pay the filing fee and failure to 27 28 comply with court orders. 2. The Clerk of Court be directed to close the case. 1 1 I submit these findings and recommendations to the district judge under 2 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States 3 District Court, Eastern District of California. The parties may, within 14 days of the service of 4 the findings and recommendations, file written objections to the findings and recommendations 5 with the court. Such objections should be captioned “Objections to Magistrate Judge’s Findings 6 and Recommendations.” The district judge will review the findings and recommendations under 7 28 U.S.C. § 636(b)(1)(C). 8 9 IT IS SO ORDERED. 10 Dated: December 1, 2022 11 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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