(PC) Driver v. Mueller ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 2:23-cv-1233 DAD KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KIMBERLY J. MUELLER, et al., 15 Defendants. 16 17 By an order filed October 19, 2023, plaintiff was ordered to pay, within thirty days, the 18 appropriate filing fee, and was cautioned that failure to do so would result in a recommendation 19 that this action be dismissed. That time period has expired, and plaintiff has not paid the court’s 20 filing fee, or otherwise responded to the court’s order. 21 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be 22 dismissed without prejudice. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be filed and served within fourteen days after service of the objections. The 1 | parties are advised that failure to file objections within the specified time may waive the right to 2 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: November 28, 2023 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE ° /driv1233.fpf 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28