(PC) Cramer v. Employment Development Department ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW B. CRAMER, No. 1:23-cv-01361 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION WITHOUT PREJUDICE 14 EMPLOYMENT DEVELOPMENT (Doc. 9) DEPARTMENT, et al., 15 Defendants. 16 17 On October 30, 2023, the Court ordered Plaintiff to pay the filing fee in full within 30 18 days. (Docs. 7, 8.) Plaintiff was informed the “failure to pay the required filing fee as ordered 19 will result in the dismissal of this action without prejudice without further notice.” (Doc. 8 at 2, 20 emphasis in original.) Despite this warning, Plaintiff failed to pay the filing fee. Accordingly, 21 the magistrate judge recommended the action be dismissed. (Doc. 9.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that 23 any objections were to be filed within 14 days. (Doc. 9 at 3.) Plaintiff was also failure to file 24 timely objections may result in the waiver of rights on appeal. (Id., citing Wilkerson v. Wheeler, 25 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file objections and the time to do so expired. 26 According to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the 27 case. Having carefully reviewed the entire action, the Court concludes that the Findings and 28 Recommendations are supported by the record and proper analysis. Because Plaintiff has not 1 | paid the filing fee, the action cannot proceed at this time. Thus, the Court ORDERS: 2 1. The findings and recommendations issued on November 27, 2023 (Doc. 9) are 3 ADOPTED in full. 4 2. This action is DISMISSED without prejudice. 5 3. The Clerk of Court is directed to close this case. 6 7 IT IS SO ORDERED. 8 Dated: _ December 27, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28