Dailey v. Westside Chruch Tabernacle ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC DAVID DAILEY, Case No. 1:20-cv-00168-DAD-EPG 12 Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE 13 v. DISMISSED, WITHOUT PREJUDICE 14 WESTSIDE CHURCH TABERNACLE, and MICHAEL KLANN OBJECTIONS, IF ANY, DUE WITHIN 15 FOURTEEN (14) DAYS Defendants. 16 17 18 On January 31, 2020, Plaintiff, Isaac David Dailey, initiated this action by filing a 19 Complaint. (ECF No. 1.) Plaintiff did not pay a filing fee. Thus, on February 4, 2020, the Court 20 entered an order directing Plaintiff to either submit an application to proceed in forma pauperis or 21 pay the $400 filing fee. (ECF No. 3.) Because Plaintiff is a prisoner, any application to proceed in 22 forma pauperis must be accompanied by a certified statement by the appropriate institutional 23 officer showing all receipts, expenditures, and balances during the last six months in Plaintiff’s 24 institutional accounts. 25 On February 27, 2020, Plaintiff filed an application to proceed in forma pauperis (ECF 26 No. 4). Plaintiff did not attach a certified statement from the institution(s) of confinement. 27 However, Plaintiff submitted a request for a 30-day extension of time to submit the certified 28 statement. (ECF No. 5.) The Court granted the motion for extension of time, setting a deadline of wOoOe UV EVO MAR SMU IR ee AY ee 1 | April 3, 2020, for Plaintiff to submit the certified statement in support of his application to 2 | proceed in forma pauperis. (ECF No. 6.) This deadline passed more than two months ago and 3 | Plaintiff still has not submitted the certified statement. 4 Accordingly, IT IS HEREBY RECOMMENDED that: 5 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing fee 6 pursuant to 28 U.S.C. § 1914 or to file a complete application to proceed in forma 7 pauperis pursuant to 28 U.S.C. § 1915, and specifically for failing to submit, in 8 support of his application, a certified statement by the appropriate institutional officer 9 showing all receipts, expenditures, and balances during the last six months in 10 Plaintiffs institutional accounts; and 11 2. The Clerk of Court be directed to close this case. 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 (14) 14 | days after being served with these findings and recommendations, Plaintiff may file written 15 | objections with the court. Such a document should be captioned “Objections to Magistrate 16 | Judge’s Findings and Recommendations.” 17 Plaintiff is advised that failure to file objections within the specified time may result in the 18 | waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 19 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 20 IT IS SO ORDERED. 22 | Dated: _ June 9, 2020 [see hey — UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28