Opinion
6:22-cv-01291-MK
10-24-2022
ROBERT CLIFFORD, Plaintiff, v. WALMART, INC.; LTM TRUCK & RV REPAIR, INC., an Oregon domestic business corporation; EXPERT TOWING & AUTO SALES, INC., an Oregon domestic business corporation; LONIE W. BALDRIDGE, an individual; SHARON T. BALRIDGE, an individual; JAMES LA RUE, an individual; JO ELLEN STODOLA, an individual; RED AND WHITE COMPANY; BLUE AND RED COMPANY; BLACK AND WHITE COMPANY; GREEN AND RED COMPANY; RED, a government entity; BLUE, a government entity; GOLD, a government entity; and DOES 1-100, inclusive, Defendants.
FINDINGS AND RECOMMENDATION
MUSTAFA T. KASUBHAI, UNITED STATES MAGISTRATE JUDGE
On August 29, 2022, pro se Plaintiff, Robert Clifford, filed a Complaint alleging breach of contract against Defendants. Compl., ECF No. 1. Plaintiff has yet to pay his filing fee or file a motion to proceed in forma pauperis under 28 U.S.C. § 1915(g). See Docket, 6:22-cv-01291-MK. On September 7, 2022, this Court ordered:
Pursuant to 28 U.S.C. § 1914, a party seeking to institute a civil action shall pay a filing fee of $350.00 plus an administrative fee of $52.00. An action may proceed without the prepayment of a filing fee only upon a proper application to proceed in forma pauperis. See 28 U.S.C. § 1915. Plaintiff neither paid the filing fee nor submitted an application to proceed in forma pauperis. Accordingly, it is ORDERED that plaintiff shall submit a filing fee or an application to proceed in forma pauperis within 30 days of the date of this order. Plaintiff's failure to do so will result in the dismissal of this action.September 7 Order, ECF No. 4. More than 30 days has passed since the Court issued that order, and Plaintiff has not paid the fees required under 28 U.S.C. § 1914 or applied to proceed in forma pauperis as necessary under 28 U.S.C. § 1915.
For the reasons stated above, Plaintiff's Complaint (ECF No. 1) should be DISMISSED without prejudice.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(1) should not be filed until entry of the district court's judgment or appealable order.
The Findings and Recommendation will be referred to a district judge. Objections to this Findings and Recommendation, if any, are due fourteen (14) days from today's date. See Fed.R.Civ.P. 72. Failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).