Smith v. Planet Fitness

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CANDACE SMITH, Case No. 1:24-cv-00203-JLT-HBK

Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION FOR PLAINTIFF’S

v. FAILURE TO PAY FILING FEE, FAILURE

TO OBEY COURT ORDER AND

PLANET FITNESS, et al., PROSECUTE AND FOR LACK OF

JURISDICTION1

Defendants. (Doc. No. 5)

14-DAY DEADLINE

18 19 Plaintiff Candace Smith is proceeding pro se in this civil rights action. For the reasons set forth below, the undersigned recommends the District Court dismiss this action for Plaintiff’s failure to pay the filing fee, comply with a court order and prosecute this case, and due to lack of subject matter jurisdiction.2

25 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2022). 26 2 Prior to Plaintiff paying the filing fee or being granted IFP and the Clerk of Court issuing a summons, Defendant…