(PC) Maldonado v. State of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY RAY SHANEE MALDONADO, No. 2:21-cv-1782 WBS AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and 18 has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 19 2. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1)(B). 21 On October 7, 2021, the undersigned noted that plaintiff had previously been determined 22 to be a three strikes litigant within the meaning of 28 U.S.C. § 1915(g). See ECF No. 6. As a 23 result, plaintiff was ordered to pay the filing fee and to do so within twenty-one days. See id. at 24 2. At that time, plaintiff was cautioned that a failure to comply with the order would result in a 25 recommendation that this action be dismissed. See id. 26 The twenty-one-day period has now expired. Plaintiff has neither paid the filing fee, nor 27 has he responded to the court’s order in any way. 28 //// ] Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Plaintiffs motion to proceed in forma pauperis (ECF No. 2) be DENIED pursuant to 3 | 28 U.S.C. § 1915(g), and 4 2. This action be DISMISSED without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 7 || after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 || and Recommendations.” Plaintiff □□ advised that failure to file objections within the specified 10 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 11 | (9th Cir. 1991). 12 | DATED: November 9, 2021 ~ 13 _Athuer—Clore ALLISON CLAIRE 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28