(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 JAM DB P 11 Plaintiff, 12 v. 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. By order dated January 31, 2020 plaintiff was ordered to pay the filing fee or 18 submit a properly completed in forma pauperis application within thirty days. (ECF No. 10.) 19 Plaintiff was warned that failure to comply with the court’s order would result in a 20 recommendation that this action be dismissed. 21 After plaintiff failed to comply, the court recommended that this action be dismissed. 22 (ECF No. 17.) Thereafter, plaintiff filed a notice regarding the filing fee (ECF No. 18) and a 23 motion to set aside the filing fee (ECF No. 19). The undersigned vacated the findings and 24 recommendations and gave plaintiff one final opportunity to either pay the filing fee or submit a 25 properly completed application to proceed in forma pauperis. (ECF No. 20.) Plaintiff was given 26 thirty days to comply with the order and warned that failure to do so would result in a 27 recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has 28 not paid the filing fee, filed an in forma pauperis application, requested additional time to do so, 1 | updated her address, or otherwise responded to the court’s order. Therefore, the court will 2 || recommend that this action be dismissed for failure to prosecute and failure to comply with court 3 | orders. 4 ITIS HEREBY RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 5 | 41(b); E.D. Cal. Local Rule 110. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 | withthe court and serve a copy on all parties. Such a document should be captioned 10 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991). 13 | Dated: November 18, 2020 14 15 16 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 Di Ondens/Prsoner/Cii Rights nile? 151 £&r.dism(2) 24 25 26 27 28