Jacqueline Coleman v. County of Sacramento, et al.

Summary

The United States District Court for the Eastern District of California adopted in part the magistrate judge’s findings and recommendations. The court dismissed the action without prejudice because the plaintiff failed to pay the filing fee or submit a required in forma pauperis application, and directed the clerk to close the case.

Holdings

1. The district court presumed the magistrate judge's factual findings correct and reviewed the legal conclusions de novo.
2. A civil action may be dismissed without prejudice when the plaintiff neither pays the required filing fee nor submits the required in forma pauperis application.
3. The court did not dismiss this action as duplicative because the previously identified duplicative action had already been dismissed without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when plaintiff filed no objections.
2. Whether the action should be dismissed for plaintiff's failure to pay the required filing fee or submit a completed in forma pauperis application.
3. Whether dismissal should also be based on duplicative litigation after the previously identified duplicative action had already been dismissed.

Disposition

dismissed