(PC) Clifton v. Curry ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM CLIFTON Case No. 2:20-cv-02149-JAM-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PAY THE FILING FEE 14 M. CURRY, et al., OBJECTIONS DUE WITHIN FOURTEEN DAYS 15 Defendants. 16 17 On December 8, 2020, the court denied plaintiff’s application to proceed in forma 18 pauperis and ordered plaintiff to pay the $400 filing fee within twenty-one days. ECF No. 9. 19 Plaintiff was warned that failure to timely pay the filing fee would result in this action being 20 dismissed without prejudice. To date, plaintiff has not submitted the required filing fee. 21 Accordingly, it is hereby RECOMMENDED that this action be dismissed without 22 prejudice for failure to pay the $400 filing fee. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of 25 being served with these findings and recommendations, any party may file written objections with 26 the court and serve a copy on all parties. Such a document should be captioned “Objections to 27 Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be 28 served and filed within fourteen days of service of the objections. The parties are advised that 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 3 1153 (th Cir. 1991). 4 5 IT IS SO ORDERED. Dated: _ April 8, 2021 7 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28