Mills v. Wenger ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER MILLS, Case No. 1:19-cv-01425-NONE-EPG 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, 13 RECOMMENDING THAT THIS ACTION BE v. DISMISSED, WITHOUT PREJUDICE 14 WENGER, et al., OBJECTIONS, IF ANY, DUE WITHIN THIRTY 15 (30) DAYS Defendants. 16 17 On October 9, 2019, Christopher Mills, a state prisoner, proceeding pro se, filed this 18 action under 42 U.S.C. § 1983. (ECF No. 1). He requested leave to proceed in forma pauperis 19 (IFP) (ECF No. 2). However, Plaintiff’s IFP application did not make the showing required by 28 20 U.S.C. § 1915(a) because the IFP application indicated that Plaintiff had cash but failed to state 21 the total amount of that cash so as to determine whether Plaintiff qualified for IFP status. 22 Accordingly, the Court ordered him on October 16, 2019, to submit a renewed IFP application or 23 pay the filing fee within 30 days. (ECF No. 3). 24 The thirty-day period has expired, and Plaintiff has failed to pay the filing fee, submit an 25 IFP application, or otherwise respond to the Court’s order. 26 Accordingly, IT IS HEREBY RECOMMENDED that: 27 1. This action be dismissed, without prejudice, for Plaintiff’s failure to pay the filing 28 1 | fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis pursuant to 2 | 28 U.S.C. § 1915; and 3 2. The Clerk of Court be directed to close this case. 4 3. Alternatively, if Plaintiff files an IFP application or pays the filing fee within thirty 5 | (30) days, this Court will vacate these findings and recommendations. 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 thirty (30) days 8 | after being served with these findings and recommendations, Plaintiff may file written objections 9 | with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 10 || and Recommendations.” 11 Plaintiff is advised that failure to file objections within the specified time may result in the 12 | waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 13 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 IT IS SO ORDERED. 16 | Dated: _November 2, 2021 [see hey 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28