REPORT AND RECOMMENDATION

CAM FERENBACH, Magistrate Judge.

Before the court the matter of Diaz v. Unique Management Services, Inc. (Case No. 2:11-cv-01680-KJD-VCF).

On October 18, 2011, plaintiff filed a motion/application to proceed in forma pauperis (#1). On November 1, 2011, the court issued a report and recommendation to deny the motion/application, because plaintiff "has the ability to pay the fees associated with bringing this action." (#2). Plaintiff filed an objection on November 14, 2011. (#3). On November 28, 2011, defendant filed an answer to the complaint. (#4). The court did not order the Marshals to serve the defendant with the complaint, however, and nothing in the record demonstrates how the defendant received a copy of the complaint. On January 24, 2012, the court issued an order adopting and affirming the report and recommendation to deny plaintiff's motion/application to proceed in forma pauperis. (#8).

Plaintiff filed a second motion/application to proceed in forma pauperis on February 9, 2012. (#9). On March 2, 2012, the court held a hearing on the motion/application. (#15). The court denied plaintiff's motion/application (#9), and ordered plaintiff to pay the filing fee within 15 days from the date of the hearing, March 19, 2012. Id. In the alternative, the court stated that the parties could stipulate to dismiss the case without prejudice for plaintiff to file a new complaint. Id. The court stayed the case until March 19, 2012. Id. As of the date of this order, the plaintiff has not paid the filing fee and the parties have not filed a stipulation to dismiss the case.

Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action in federal district court. Since plaintiff has not paid the filing fee, plaintiff's complaint should be dismissed.

RECOMMENDATION

Based on the foregoing, it is the recommendation of the undersigned Magistrate Judge that Diaz v. Unique Management Services, Inc. (Case No. 2:11-cv-01680-KJD-VCF) be DISMISSED without prejudice.