(PC) Killian v. Sartain
Summary of the case (PC) Killian v. Sartain
Plaintiff Steven R. Killian was ordered to file a completed in forma pauperis application or pay the filing fee by May 24, 2019. After failing to comply, he was given an additional twenty-one days to respond. The plaintiff did not file the application, pay the fee, or respond to the order, leading to a recommendation for dismissal without prejudice.
Key Issues of the case (PC) Killian v. Sartain
- Failure to file in forma pauperis application
- Failure to pay filing fee
Key Facts of the case (PC) Killian v. Sartain
- Plaintiff was ordered to file an in forma pauperis application or pay the fee by May 24, 2019.
- Plaintiff failed to comply with the order and did not respond within the extended period.
Decision of the case (PC) Killian v. Sartain
Dismissal without prejudice
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 STEVEN R. KILLIAN, No. 2:19-cv-0905 CKD P
12 Plaintiff,
ORDER AND FINDINGS AND
13 v. RECOMMENDATIONS
14 TIM SARTAIN, et al.,
15 Defendants.
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17 By an order filed May 24, 2019, plaintiff was ordered to file a completed in forma
18 pauperis application or pay the filing fee and was cautioned that failure to do so would result in a
19 recommendation that this action be dismissed. (ECF No. 3.) After failing to file an application or
20 pay the filing fee, plaintiff was given an additional twenty-one days to comply with the May 24,
21 2019 order and warned that failure to do so would result in a recommendation that the action be
22 dismissed without further warning. (ECF No. 4.) The twenty-one-day period has now expired,
23 and plaintiff has not filed an application to proceed in forma pauperis, paid the filing fee, or
24 otherwise responded to the order.
25 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
26 directed to assign a district judge to this case; and
27 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.
28 These findings and recommendations are submitted to the United States District Judge
1 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days
2 | after being served with these findings and recommendations, plaintiff may file written objections
3 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings
4 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified
5 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153
6 | (9th Cir. 1991).
7 | Dated: August 20, 2019 i; dp. | bie
8 CAROLYN K DELANEY
9 UNITED STATES MAGISTRATE JUDGE
10 |} 13:kill0905.fifp.t&r
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