Desai v. Biden ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DESAI, No. 1:20-cv-1579-NONE-JLT 12 Plaintiffs, 13 v. ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS 14 JOE BIDEN, et al., DISMISSING THE ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY THE 15 Defendants. FILING FEE AND FAILURE TO OBEY THE COURT’S ORDER 16 (Doc. No. 4) 17 18 19 Plaintiff initiated this action by filing a complaint on November 5, 2020, but failed to pay 20 the filing fee. The magistrate judge directed plaintiff to pay the filing fee or file a motion to 21 proceed in forma pauperis. (Doc. No. 2.) On January 5, 2021, the magistrate judge 22 recommended the action be dismissed without prejudice for the failure to pay the filing fee and 23 failure to comply with the court’s order. (Doc. No. 4.) 24 Plaintiff was given fourteen days to file any objections to the recommendations. (Doc. 25 No. 4 at 4.) In addition, he was “advised that failure to file objections within the specified time 26 may waive the right to appeal the District Court’s order. (Id., citing Martinez v. Ylst, 951 F.2d 27 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). To date, no 28 objections have been filed and plaintiff has not paid the filing fee in the action. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 2 || United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this court conducted a de novo review of 3 || the case. Having carefully reviewed the file, the court finds the findings and recommendations 4 || are supported by the record and proper analysis. Accordingly, 5 1. The findings and recommendations dated January 5, 2021 (Doc. No. 4) are 6 adopted in full; 7 2. The action is dismissed without prejudice for failure to pay the filing fee and obey 8 the court’s order; and 9 3. The Clerk of Court is directed to assign a district judge to this action for purposes 10 of closing the matter and close this case, because this order terminates the action in 11 its entirety. 12 B IT IS SO ORDERED. ~ sie 14 Dated: _ January 26, 2021 Hea Se ae UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28