Muehlemann v. Santillan ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL EDWARD MUEHLEMANN, Case No. 1:23-cv-00727-ADA-EPG et al., 10 FINDINGS AND RECOMMENDATIONS, Plaintiffs, RECOMMENDING THAT THIS ACTION BE 11 DISMISSED, WITHOUT PREJUDICE v. 12 OBJECTIONS, IF ANY, DUE WITHIN FERNANDO SANTILLAN, et al., FOURTEEN (14) DAYS 13 Defendants. 14 15 16 Plaintiffs Michael Edward Muehlemann and Lavonda Louise Ireland, proceeding pro se, 17 filed this lawsuit on May 11, 2023. (ECF No. 1). The complaint contains few factual allegations, 18 but generally indicates that a city manager failed to protect their civil rights. Plaintiffs also filed an application to proceed in forma pauperis (IFP). (ECF No. 2). 19 Because the IFP application did not contain both Plaintiffs’ financial information and 20 because the information provided appeared to conflict with information provided in a separate 21 case, the Court directed each Plaintiff to provide a new IFP application, or pay the $402 filing fee, 22 by no later than June 12, 2023. (ECF No. 3). The Court also informed Plaintiffs that they had the 23 opportunity to file an amended complaint, clarifying their allegations. 24 However, the deadline to file a new IFP application has expired, and Plaintiffs have filed 25 nothing since initiating this lawsuit. This failure is notable as the Court’s prior order warned 26 Plaintiffs that failure to comply with the order could result in the dismissal of this case. 27 Based on these circumstances, IT IS RECOMMENDED that: 28 1 1. This action be dismissed, without prejudice, based on Plaintiffs’ failure to pay the 2 | filing fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis 3 | pursuant to 28 U.S.C. § 1915; and 4 2. The Clerk of Court be directed to close this case. 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)(1). Within fourteen (14) 4 days after being served with these findings and recommendations, Plaintiffs may file written g objections with the Court. Such a document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” 0 Plaintiffs are advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 | IT IS SO ORDERED. 14 Dated: _ June 22, 2023 [Je heey 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28