Marsh v. Nations Direct Mortgage, LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRANCE MARSH, et al. Case No. 1:23-cv-01518-CDB 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED WITHOUT 13 v. PREJUDICE 14 NATIONS DIRECT MORTGAGE., et al. (Doc. 4) 15 Defendant. ORDER DIRECTING CLERK OF COURT TO 16 ASSIGN DISTRICT JUDGE 17 21-DAY DEADLINE 18 19 Plaintiffs Terrance Marsh and Gisele Marsh (“Plaintiffs”), proceeding pro se, filed this civil 20 action on October 24, 2023. (Doc. 1). Neither Plaintiff has paid the $402.00 filing fee, but each 21 Plaintiff has filed a request for waiver of court fees on what appears to be a form used by California 22 state courts. (Docs. 2-3). On October 30, 2023, the Court issued an order providing Plaintiffs thirty- 23 days to complete the Court’s standard in forma pauperis forms, or in the alternative pay the $402.00 24 filing fee for this action. (Doc. 4). Plaintiffs were forewarned failure to comply with this order will 25 result in dismissal of this action. Id. at 2. 26 The thirty-day period has expired, and Plaintiffs have failed to pay the filing fee, submit the 27 IFP forms, or otherwise respond to the Court’s order. Accordingly, the Clerk of Court is DIRECTED 28 to randomly assign a district judge to this case. 1 And IT IS RECOMMENDED that: 2 1. This action be dismissed, without prejudice, for Plaintiff's failure to pay the filing fee 3 pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis pursuar 4 to 28 U.S.C. § 1915; and 5 2. The Clerk of Court be directed to close this case. 6 In the event Plaintiffs timely file proper in forma pauperis applications or pay the filing fee, 7 || the Court will vacate these findings and recommendations. 8 These findings and recommendations will be 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 twenty-one days 10 || after being served with these findings and recommendations, Plaintiffs may file written objections 11 |} with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 12 |} Recommendations.” Plaintiffs are advised that failure to file objections within the specified time ma‘ 13 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) 14 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 |) TT IS SO ORDERED. 16 Haar Dated: _ December 22, 2023 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28