Quair v. Sally Beauty Supply LLC ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID SABINO QUAIR, III, Case No. 1:20-cv-00570-NONE-EPG 11 12 Plaintiff, 13 v. F RI EN CD OIN MG MS E A NN DD IN R GE C TO HM ATM TE HN ID SA AT CI TO IN OS N BE DISMISSED, WITHOUT PREJUDICE 14 SALLY BEAUTY SUPPLY LLC, et al. 15 Defendants. OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN (14) DAYS 16 17 18 On March 16, 2020, Plaintiff, David Sabino Quair, III, proceeding pro se, initiated this 19 action by filing a Complaint. (ECF No. 1.) Plaintiff did not pay a filing fee. Thus, on March 23, 20 2020., the Court entered an order directing Plaintiff to either submit an application to proceed 21 in forma pauperis or pay the $400 filing fee within thirty days of the date the order was served 22 on Plaintiff. (ECF No. 5.) 23 The thirty-day period has expired and Plaintiff has failed to pay the filing fee, submit an 24 application to proceed in forma pauperis, or otherwise respond to the Court’s order. 25 Accordingly, IT IS HEREBY RECOMMENDED that: 26 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing 27 fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma 28 pauperis pursuant to 28 U.S.C. § 1915; and wOoOe 4:OU VV EU IN IN NS OM PIO Ie OY ev 1 2. The Clerk of Court be directed to close this case. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 4 || days after being served with these findings and recommendations, Plaintiff may file written 5 || objections with the court. Such a document should be captioned “Objections to Magistrate 6 || Judge’s Findings and Recommendations.” 7 Plaintiff is advised that failure to file objections within the specified time may result in 8 || the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 9 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 ul IT IS SO ORDERED. 12 | Dated: _ June 9, 2020 [sf ey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ny