(PS) Sellers v. City of Davis Police Department ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAY L. SELLERS, No. 2:20-cv-875-TLN-EFB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CITY OF DAVIS POLICE DEPARTMENT, ESPRESSO ROMA 15 INC., PINE TREE GARDENS, US ATTORNEY FOR EASTERN 16 CALIFORNIA, 17 Defendants. 18 19 Plaintiff Jay Sellers, proceeding pro se, commenced this action in United States District 20 Court for the Central District of California. The case was subsequently transferred to this district 21 pursuant to 28 U.S.C. § 1406(a). Plaintiff, however, failed to pay the $400 filing fee required by 22 28 U.S.C. § 1914(a) or a request for leave to proceed in forma pauperis. Accordingly, plaintiff 23 was ordered to submit either the filing fee or the application required by § 1915(a) within thirty 24 days. ECF No. 7. Plaintiff was warned that failure to do so may result in this action being 25 dismissed. 26 The time for acting has passed and plaintiff has not paid the filing fee, submitted an 27 application for leave to proceed in forma pauperis, or otherwise responded to the court’s order. 28 ///// wOASe 2 EU UVOTY PRINCE DO MVVUPTICIIL □□ FNC VV tere PF Aye ove 1 Accordingly, it is hereby RECOMMENDED that this action be dismissed without 2 || prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: June 11, 2020. > 12 EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28