(PC) Garcia v. Naser ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LUIS GARCIA, Case No. 2:21-cv-00349-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PAY THE FILING FEE AND FAILURE TO COMPLY WITH COURT 14 NASER, et al., ORDERS 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On April 3, 2021, I ordered plaintiff to submit, within thirty days, either the $402 filing 18 fee or an application to proceed in forma pauperis. ECF No. 9. Plaintiff failed to comply with 19 that order. Accordingly, on July 22, 2021, I ordered plaintiff to show cause, within twenty-one 20 days, why this action should not be dismissed for failure to either pay the filing fee or to file a 21 completed application to proceed in forma pauperis. ECF No. 11. I warned plaintiff that failure 22 to respond to that order would constitute another failure to comply with a court order and would 23 result in a recommendation that this action be dismissed.1 Id. 24 25 26 1 Although it appears from the file that plaintiff’s copy of the July 22, 2021 order was 27 returned, plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 28 1 The deadline has passed, and plaintiff has not paid the filing fee or filed an application to 2 | proceed in forma pauperis. Accordingly, it is hereby ORDERED that the Clerk of Court shall 3 | randomly assign a United States District Judge to this case. 4 Further, it is RECOMMENDED that: 5 1. This action be dismissed for failure to pay the filing fee and failure to comply with 6 | court orders. 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 | after being served with these findings and recommendations, any party may file written 11 | objections with the court and serve a copy on all parties. Such a document should be captioned 12 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 | objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ September 11, 2021 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28