RICHARDSON v. CITY OF FRESNO (E.D.Cal. 2006)

ALLEN RICHARDSON, Plaintiff, v. THE CITY OF FRESNO, Defendant.

1:05-cv-1591-OWW-SMS.United States District Court, E.D. California.
March 15, 2006

ORDER RE: FINDINGS AND RECOMMENDATION TO DISMISS ACTION FOR PLAINTIFF’S FAILURE TO PAY THE $250.00 FILING FEE OR FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS (DOCS. 5, 6)
OLIVER WANGER, District Judge

Plaintiff is proceeding pro se with an action for damages and other relief concerning alleged civil rights violations.

Plaintiff filed the instant action on December 12, 2005. However, Plaintiff neither paid the $250.00 filing fee nor filed an application to proceed in forma pauperis. On December 22, 2005, the Court directed Plaintiff within thirty days of service either to file an application to proceed in forma pauperis or to pay the $250.00 filing fee. The Clerk’s proof of service shows that the order and a blank in forma pauperis application were mailed to Plaintiff at the address listed in the docket on December 22, 2005. Thereafter, on January 31, 2006, when Plaintiff had failed to file timely either an application or the

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fee, the Magistrate Judge filed findings and a recommendation that the action be dismissed for Plaintiff’s failure to pay the filing fee or file an application to proceed in forma pauperis, comply with an order of the Court, or otherwise prosecute the case. The findings and recommendation were served on all parties and contained notice that any objections to the findings and recommendations were to be filed within thirty (30) days of the date of service of the order. Over thirty days have passed, but no party has filed any objections.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454
(9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the report and recommendation are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendation filed January 31, 2006, are ADOPTED IN FULL; and

2. The action IS DISMISSED without prejudice for failure to prosecute; and

3. The Clerk of Court IS DIRECTED to close this action because this order terminates the action in its entirety.IT IS SO

ORDERED.

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