(PC) Fletcher v. Sherman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY L. FLETCHER, 1:18-cv-01074-DAD-GSA-PC 12 FINDINGS AND RECOMMENDATIONS, Plaintiff, RECOMMENDING THAT THIS CASE BE 13 DISMISSED, WITHOUT PREJUDICE, FOR vs. PLAINTIFF’S FAILURE TO COMPLY 14 WITH THE COURT’S ORDER ISSUED ON STU SHERMAN, MAY 8, 2020 15 (ECF No. 18.) Defendant. 16 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 17 18 19 Gregory L. Fletcher (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 20 action pursuant to 42 U.S.C. § 1983. On July 6, 2018, Plaintiff filed the Complaint commencing 21 this action at the United States District Court for the Northern District of California. (ECF No. 22 1.) On August 10, 2018, the case was transferred to this court. (ECF No. 6.) On August 18, 2018, 23 the court granted Plaintiff’s application to proceed in forma pauperis. (ECF No. 7.) 24 On October 9, 2018, the court entered findings and recommendations, recommending that 25 Plaintiff’s in forma pauperis status be revoked under 28 U.S.C. § 1915(g), and that Plaintiff be 26 required to pay the $400.00 filing fee in full for this case. (ECF No. 9.) On May 8, 2020, the 27 district court adopted the findings and recommendations, revoked Plaintiff’s in forma pauperis 28 status, and ordered Plaintiff to pay the filing fee within thirty days. (ECF No. 18.) 1 The thirty-day time period has passed and Plaintiff has not paid the filing fee or otherwise 2 responded to the court’s May 8, 2020 order. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 5 DISMISSED, without prejudice, based on Plaintiff’s failure to comply with the 6 court’s order issued on May 8, 2020; and 7 2. The Clerk be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 10 (14) days from the date of service of these findings and recommendations, Plaintiff may file 11 written objections with the court. Such a document should be captioned “Objections to 12 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 14 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 15 (9th Cir. 1991)). 16 IT IS SO ORDERED. 17 18 Dated: June 27, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28