(PC) Gradford v. Freddie ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 WILLIAM J. GRADFORD, Case No. 1:19-cv-01252-DAD-EPG 11 Plaintiff, FINDINGS AND RECOMMENDATIONS 12 RECOMMENDING THAT THIS ACTION BE v. DISMISSED, WITHOUT PREJUDICE 13 DEPUTY FREDDIE, OBJECTIONS, IF ANY, DUE WITHIN 14 FOURTEEN (14) DAYS Defendant. 15 16 17 On September 9, 2019, Plaintiff, William J. Gradford, proceeding pro se, commenced 18 this action by filing a Complaint against Defendant, Deputy Freddie. (ECF No. 1.) Plaintiff did 19 not pay a filing fee nor submit an application to proceed in forma pauperis. Thus, on September 20 11, 2019, the Court entered an order directing Plaintiff to either submit an application to 21 proceed in forma pauperis or pay the $400 filing fee within thirty days of service of the order. 22 (ECF No. 3.) The Court warned Plaintiff, “Failure to obey this order may result in dismissal of 23 this action.” (Id.) More than thirty days have passed since service of the Court’s order and 24 Plaintiff has failed to pay the filing fee, submit an application to proceed in forma pauperis, or 25 otherwise respond to the Court’s order. 26 Accordingly, IT IS HEREBY RECOMMENDED that: 27 1. This action be dismissed, without prejudice, for Plaintiffs’ failure to pay the filing 28 fee or file an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915; 1 and 2 2. The Clerk of Court be directed to close this case. 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 (14) 5 || days after being served with these findings and recommendations, Plaintiff may file written 6 || objections with the court. Such a document should be captioned “Objections to Magistrate 7 || Judge’s Findings and Recommendations.” 8 Plaintiff is advised that failure to file objections within the specified time may result in 9 || the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 10 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 11 IT IS SO ORDERED. '3 || Dated: _ October 28, 2019 [spe ey —— 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28