(PC) Miles v. Hollister ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GEORGIA MILES, No. 2:19-cv-2151 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 HOLLISTER, et al., 14 Defendants. 15 16 Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 18 required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 19 1915(a). 20 By order dated January 31, 2020, plaintiff was ordered to pay the filing fee or submit a 21 properly completed in forma pauperis application within thirty days. (ECF No. 10.) Plaintiff was 22 warned that failure to comply with the court’s order would result in a recommendation that this 23 action be dismissed. Thereafter, plaintiff failed to file a motion to proceed in forma pauperis or 24 pay the filing fee. The court issued a second order directing plaintiff to pay the filing fee or move 25 to proceed in forma pauperis within thirty days on March 11, 2020. Plaintiff was again warned 26 27 1 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are not 28 required to pay the $50.00 administrative fee. wOAOe 2 LUV VELL VAIN MMU I Oe PAY ee 1 | that failure to file a motion to proceed in forma pauperis or pay the filing fee within thirty days 2 | would result in a recommendation that this action be dismissed. Those thirty days have expired 3 || and plaintiff has not filed a motion to proceed in forma pauperis, paid the filing fee, or requested 4 | additional time to comply with the court’s order. The court notes that plaintiff has filed three 5 | unrelated motions in that time. CECF Nos. 13, 14, 16.) However, plaintiff was previously 6 | informed that the court would not address her other motions and requests until the filing fee had 7 | been paid or a properly completed application was filed. Accordingly, the court will recommend 8 || that this action be dismissed for failure to prosecute and failure to comply with court orders. 9 The Clerk of the Court is ORDERED to randomly assign this action to a district judge. 10 IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 110; 11 | Fed. R. Civ. P. 41(b). 12 These findings and recommendations are submitted to the United States District Judge 13 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 14 | after being served with these findings and recommendations, plaintiff may file written objections 15 || with the court and serve a copy on all parties. Such a document should be captioned 16 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 17 || failure to file objections within the specified time may waive the right to appeal the District 18 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 19 || Dated: May 18, 2020 20 21 22 23 BORAH BARNES UNITED STATES MAGISTRATE JUDGE 25 26 27 | paar | PB: VOrders/Prisones/Civil Rights/mile2151 f&r-dism