(PC) Perez v. Diaz
(PC) Perez v. Diaz
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 HENRY RAYMOND JOSEPH PEREZ, ) Case No.: 1:24-cv-0845 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 HEATHER DIAZ, et al., ) THIS CASE ) 15 Defendants. ) (Doc. 7) ) 16 )
17 Henry Raymond Joseph Perez seeks to hold the defendants liable for violations of his civil 18 rights while confined at the Kern County AES Center. (See generally Doc. 1.) However, Plaintiff did 19 not pay the Court’s filing fee or submit a completed application to proceed in forma pauperis. (See 20 Doc. 6.) Therefore, the magistrate judge recommended the Court dismiss the action without prejudice 21 for Plaintiff’s failure to pay the filing fee. (Doc. 7.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that any 23 objections were due within 30 days. (Doc. 7 at 2.) The Court advised the “failure to file objections 24 within the specified time may result in the waiver of the rights on appeal.” (Id., quoting Wilkerson v. 25 Wheeler,
772 F.3d 834, 838-39(9th Cir. 2014).) In addition, the Court informed Plaintiff that if he 26 filed a completed application to proceed in forma pauperis or paid the filing fee, the Findings and 27 Recommendations would be vacated. (Id.) Plaintiff did not file objections, file an IFP application, or 28 pay the filing fee; and the time to do so has passed. 1 According to
28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on October 16, 2024 (Doc. 7) are 5 ADOPTED in full. 6 2. The action is DISMISSED without prejudice for Plaintiff's pay the filing fee. 7 3. The Clerk of Court is directed to close this case. 8 9 || IT IS SO ORDERED. 10 || Dated: _ December 6, 2024 ( LAW ph L. wan 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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