Opinion
2:23-CV-5336-DGE-DWC
06-06-2023
TITUS DECARIOS SMITH, Plaintiff, v. PIERCE COUNTY JUDICIAL SYSTEM, Defendant.
REPORT AND RECOMMENDATION
DAVID W. CHRISTEL CHIEF UNITED STATES MAGISTRATE JUDGE
The District Court has referred this 42 U.S.C. § 1983 action to United States Magistrate Judge David W. Christel. Plaintiff Titus Decarios Smith, proceeding pro se, filed a proposed complaint on April 13, 2023. Dkt. 1. Plaintiff did not pay the filing fee or seek leave to proceed in forma pauperis (IFP). On April 20, 2023, the Clerk of Court sent Plaintiff a letter directing him to either pay the filing fee or submit an application to proceed IFP. Dkt. 2. The Clerk enclosed an IFP form for Plaintiff's convenience. Id. In addition, the Clerk warned Plaintiff that if he did not provide the requested documents by May 22, 2023, this action could be subject to dismissal. Id.
Plaintiff has not paid the filing fee or filed an application to proceed IFP. Therefore, the Court recommends this case be dismissed without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on June 23, 2023, as noted in the caption.