(PC) Roberts v. Long ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ROBERTS, No. 2:21-cv-1266 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 LONG, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 2, 2021, the court noted that plaintiff is a three-strikes litigant within the 21 meaning of 28 U.S.C. § 1915(g). ECF No. 4. Accordingly, he was ordered to pay the filing fee 22 prior to proceeding with this action and to do so within twenty-one days. See id. at 2. At that 23 time, plaintiff was warned that his failure to pay the filing fee would result in a recommendation 24 that this action be dismissed. See id. The period within which plaintiff was to comply with the 25 order has passed, and plaintiff has neither paid the fee, nor has he responded to the court’s order 26 in any way. 27 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to assign a 28 District Court Judge to this case, and ] IT IS HEREBY RECOMMENDED that this action be DISMISSED without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 4 || after being served with these findings and recommendations, plaintiff may file written objections 5 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 6 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 7 || objections within the specified time may waive the right to appeal the District Court’s order. 8 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 || DATED: August 31, 2021 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28