(PC) Melger v. Newsom ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, No. 2:23-cv-00515 KJM DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 By order filed September 6, 2023, plaintiff was found ineligible for in forma pauperis 18 status under 28 U.S.C. § 1915(g) and was ordered to pay the filing fee in order to proceed with 19 this action. Plaintiff was cautioned that failure to do so would result in a recommendation that this 20 action be dismissed. The twenty-one day period granted for that purpose has expired. Plaintiff has 21 not responded to the court’s order and has not paid the filing fee. 22 For the reasons set forth above, IT IS HEREBY RECOMMENDED that this action be 23 dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 26 days after being served with these findings and recommendations, plaintiff may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 | failure to file objections within the specified time may waive the right to appeal the District 2 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: October 12, 2023 4 5 6 ORAH BARNES DLB7 UNITED STATES MAGISTRATE JUDGE 7 || melg0515.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28