Ento v. Poland ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTIAN DAVID ENTO, Case No. 1:20-cv-00247-NONE-EPG 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, 13 RECOMMENDING THAT THIS ACTION BE v. DISMISSED, WITHOUT PREJUDICE 14 JUDGE POLAND, et al., OBJECTIONS, IF ANY, DUE WITHIN THIRTY 15 (30) DAYS Defendants. 16 17 On February 19, 2020, Christian David Ento, proceeding pro se, filed this civil action. 18 (ECF No. 1). Plaintiff has not filed anything since the complaint, including any request for leave 19 to proceed in forma pauperis (IFP). Accordingly, on November 2, 2021, the Court ordered him to 20 submit an IFP application or pay the filing fee within forty-five days. (ECF No. 2). The Court 21 warned him that, “[f]ailure to comply with this order will result in dismissal of this action.” (Id. at 22 1). 23 The forty-five-day period has expired, and Plaintiff has failed to submit an IFP 24 application, pay the filing fee, 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 pauperis pursuant to 28 1 | 28 U.S.C. § 1915; and 2 2. The Clerk of Court be directed to close this case. 3 3. Alternatively, if Plaintiff files an IFP application or pays the filing fee within thirty 4 | (30) days, this Court will vacate these findings and recommendations. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within thirty (30) days 7 || after being served with these findings and recommendations, Plaintiff may file written objections 8 | with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 | and Recommendations.” 10 Plaintiff is advised that failure to file objections within the specified time may result in the 11 | waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 12 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IT IS SO ORDERED. S| Dated: _ January 3, 2022 hey 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28