(PC) Bontemps v. Thomas ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY C. BONTEMPS, No. 2:19-cv-1537 TLN DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 R. THOMAS, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. On October 10, 2019, the undersigned recommended that plaintiff’s motion to proceed in 19 forma pauperis be denied because plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior 20 to filing the present action. (ECF No. 8.) On December 2, 2020, the district judge assigned to 21 this action adopted the findings and recommendations and directed plaintiff to pay the filing fee 22 within thirty days or face dismissal of the case. (ECF No. 10.) Those thirty days have passed, 23 and plaintiff has not paid the filing fee or otherwise responded to the court’s orders. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 2 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 3 || objections within the specified time may waive the right to appeal the District Court’s order. 4 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 5 || Dated: February 4, 2020 g ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 DB: /Orders/Prisoner/Civil Rights/bont1 537 fire 15 16 17 18 19 20 21 22 23 24 25 26 27 28