(PC) Uhuru v. Mancusi ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KOHEN DIALLO UHURU, No. 2:20-cv-2088 KJM KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CHERYLINE MANCUSI, et al., 15 Defendants. 16 17 By an order filed September 28, 2021, plaintiff was ordered to pay, within thirty days, the 18 $402.00 filing fee. (ECF No. 16.) Such order adopted the June 25, 2021 findings and 19 recommendations that cautioned plaintiff that his failure to pay the filing fee would result in a 20 recommendation that this action be dismissed. (ECF No. 14 at 6.) Thirty days have now passed, 21 and plaintiff has not paid the court’s filing fee, or otherwise responded to the court’s order. 22 Indeed, on October 6, 2021, plaintiff’s copy of the September 28, 2021 order was 23 returned, marked “undeliverable, return to sender, refused.” Id. Despite such return, plaintiff was 24 properly served. Pursuant to Local Rule 182(f), service of documents at the record address of the 25 party is fully effective. 26 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be 27 dismissed without prejudice. 28 //// ] These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 || after being served with these findings and recommendations, any party may file written 4 || objections with the court and serve a copy on all parties. Such a document should be captioned 5 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 || objections shall be filed and served within fourteen days after service of the objections. The 7 || parties are advised that failure to file objections within the specified time may waive the right to 8 | appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 | Dated: November 12, 2021 0 Foci) Aharon 11 KENDALL J. NE /ulur2088.pf UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28