Summary
The document contains findings and recommendations by a United States magistrate judge in the Eastern District of California. The court recommends dismissal without prejudice because the plaintiff failed to pay the filing fee, file the required complaint, and comply with the court's orders. The document also directs assignment of a district judge and provides the procedure and deadline for filing objections.
Holdings
- Dismissal without prejudice was recommended because plaintiff failed to pay the filing fee, failed to file the required complaint or seek in forma pauperis status, and failed to comply with the order to show cause.
Questions Presented
- Whether the action should be dismissed without prejudice because plaintiff failed to pay the filing fee and comply with the court's order.
- Whether dismissal was appropriate under the applicable five-factor test after plaintiff failed to respond despite multiple opportunities and a warning that noncompliance could result in dismissal.
Disposition
other
Cases Cited (3)
- Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…