(PS) Flynn v. County of Tuolumne

Opinion

1 2 3 4 5 6 7 10 11 JOHN FLYNN, Case No. 2:24-cv-2265-DJC-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF TUOLUMNE, et al., 15 Defendants. 16 17 On February 26, 2025, I recommended that plaintiff’s application to proceed in forma 18 pauperis be denied since it failed to demonstrate that plaintiff had insufficient assets to pay the 19 filing fee and provide the necessities of life. ECF No. 6. On April 21, 2025, the district judge 20 adopted the findings and recommendations and ordered plaintiff to tender the filing fee within 21 twenty-one days.1 ECF No. 7. 22 Plaintiff subsequently filed a motion for an extension of time to file an amended 23 complaint. ECF No. 8. Therein, he argued that his financial situation had changed and asked that 24 this action not be dismissed for failure to pay the filing fee. Plaintiff did not, however, file an 25 amended application to proceed in forma pauperis that demonstrated he was unable to pay the 26 filing fee and still afford the necessities of life. Given plaintiff’s pro se status, I granted plaintiff 27 1 The district judge also referred the matter back to the undersigned for all further pre-trial 28 proceedings. ECF No. 7. 1 until June 19, 2025, to pay the $405 filing and file an amended complaint. ECF No. 9. [also 2 | warned plaintiff that failure to pay the filing fee by that date would result in a recommendation 3 | that this action be dismissed. /d. at 2. The deadline has passed, and plaintiff has not submitted 4 | the filing fee. 5 Accordingly, it is RECOMMENDED that the Clerk of Court be directed to close this case 6 | for plaintiffs failure to pay the filing fee. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days of 9 | service of these findings and recommendations, any party may file written objections with the 10 | court and serve a copy on all parties. Any such document should be captioned “Objections to 11 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 12 | within fourteen days of service of the objections. The parties are advised that failure to file 13 | objections within the specified time may waive the right to appeal the District Court’s order. See 14 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 15 1991). 16 18 ( q oy — Dated: _ July 14, 2025 q_—— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE

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