Opinion
No. 2:18-cv-02397 TLN CKD P
01-14-2019
CHARLES GASPARD, Plaintiff, v. THE BREAKFAST TOMS, et al., Defendants.
FINDINGS AND RECOMMENDATIONS
By an order filed September 6, 2018, plaintiff was ordered to file a completed in forma pauperis application or pay the filing fee within thirty days and was cautioned that failure to do s would result in a recommendation that this action be dismissed. Following two extensions of time, plaintiff has failed to file a completed in forma pauperis application or pay the filing fee within the time permitted.
Accordingly, IT IS HEREBY RECOMMENDED that:
1. This action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
2. All pending motions (ECF Nos. 13, 14, 15) be denied as moot.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be served and filed within fourteen days after service of the objections. The parties are advised that 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 (9th Cir. 1991). Dated: January 14, 2019
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 12/gasp2397.fifp.docx