Ortiz v. In the Matter of the Temporary Guardianship of the Person ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELENA ORTIZ, 1:23-cv-00860-JLT-SAB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION FOR PLAINTIFF’S FAILURE TO PROSECUTE, FAILURE TO COMPLY 14 IN THE MATTER OF THE WITH A COURT ORDER, AND FAILURE TO TEMPORARY GUARDIANSHIP OF PAY THE FILING FEE 15 THE PERSON, (Doc. 4) 16 Defendant. 17 18 Elena Ortiz is proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983. 19 On June 7, 2023, the assigned Magistrate Judge denied Plaintiff’s initially filed motion to proceed 20 in forma pauperis and ordered Plaintiff to file a long form application on or before July 12, 2023. 21 (Docs. 2, 3.) The Court’s order warned Plaintiff that if she failed to comply with the order, this 22 action would be dismissed. (Doc. 3 at 2.) However, Plaintiff failed to file the long form 23 application, pay the filing fee, or otherwise respond to the Court’s order. Therefore, on August 4, 24 2023, the Magistrate Judge recommended this action be dismissed due to Plaintiff’s failure to 25 prosecute, failure to comply with the Court’s order, and failure to pay the filing fee. (Doc. 4.) 26 The Court served the Findings and Recommendations on August 4, 2023, and notified 27 Plaintiff that objections to the recommendations were due within 14 days of service. (Doc. 4 at 28 4.) In addition, the Court advised that the “failure to file objections within the specified time 1 | may result in the waiver of rights on appeal.” (d., citing Wilkerson v. Wheeler, 772 F.3d 834, 2 1 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not 3 | file objections, pay the filing fee, or otherwise file any other documents, and the deadline to do 4 | so has expired. 5 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 6 | case. Having carefully reviewed the entire file, the Court finds the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on August 4, 2023 (Doc. 4), are 9 ADOPTED IN FULL. 10 2. This action is DISMISSED without prejudice. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. 14 | Dated: _ September 15, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28