(PC) Uhuru v. Velasquez ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KOHEN DIALLO E. UHURU, No. 2:20-cv-1267 JAM DB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 B. VELASQUEZ, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. Plaintiff claims that defendants have violated his right to religious freedom. By 18 order dated January 26, 2021, the district court determined that plaintiff accrued three strikes 19 under 28 U.S.C. § 1915(g) prior to filing this action. (ECF No. 10.) Plaintiff was directed to pay 20 the filing fee in order to proceed with this action. On March 23, 2021, plaintiff was ordered to 21 pay the filing fee within thirty days or face dismissal of this action. (ECF No. 14.) Those thirty 22 days have passed, and plaintiff has not paid the filing fee, requested additional time to pay the 23 filing fee, or otherwise responded to the court’s order. Accordingly, the court will recommend 24 that this action be dismissed without prejudice for failure to prosecute and failure to comply with 25 court orders. 26 //// 27 //// 28 //// 1 For the reasons set forth above, IT IS HEREBY RECOMMENDED. See E.D. Cal. R. 2 | 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 5 | being served with these findings and recommendations, plaintiff may file written objections with 6 | the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: May 17, 2021 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 3 DB/DB Prisoner Inbox/Civil.Rights/R/uhurl267.f&r.dism 24 25 26 27 28