(PC) Ruiz v. Lucas ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGELIO MAY RUIZ, No. 2:19-cv-0419 MCE DB P 12 Plaintiff, 13 v. ORDER 14 A. LUCAS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On December 7, 2021, plaintiff’s motion to proceed in forma pauperis was 19 revoked as plaintiff had accrued three strikes 28 U.S.C. § 1915(g) prior to filing this action. (ECF 20 No. 21 at 2.) Plaintiff was ordered to pay the required filing fee within fourteen days in order to 21 proceed with this action. (Id.) More than fourteen days have passed and plaintiff has not paid the 22 filing fee or requested an extension of time to do so. Accordingly, it will be recommended that 23 this action be dismissed for failure to comply with court orders and failure to prosecute. 24 //// 25 //// 26 //// 27 //// 28 //// 1 For the reasons state above, IT IS HEREBY RECOMMENDED that this action be 2 dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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)(l). Within twenty-one days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned “Objections 7 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 8 objections within the specified time may waive the right to appeal the District Court’s order. 9 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: January 12, 2022 11 12 13 14 15 16 DB:14 DB/DB Prisoner Inbox/Civil Rights/R/ruiz0419.fr_dism 17 18 19 20 21 22 23 24 25 26 27 28