(PC) Salcido v. DiTomas ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL SALCIDO, No. 2:21-cv-2290 TLN DB P 12 Plaintiff, 13 v. ORDER 14 M. DiTOMAS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, has filed a civil rights action under 42 U.S.C. § 1983. In an 18 order filed January 3, 2022, this court ordered plaintiff to either file a motion to proceed in forma 19 pauperis (“IFP”) or submit the filing fee if he wished to proceed with this action. After plaintiff 20 did not file a motion to proceed IFP or pay the fee, this court gave plaintiff an additional twenty 21 days to do so. (Mar. 30, 2022 Order (ECF No. 10).) Plaintiff was warned that if he failed to file a 22 motion to proceed IFP or submit the filing fee in a timely manner, this court would recommend 23 this case be dismissed for plaintiff’s failure to comply with court orders. (See id. (citing E.D. Cal. 24 R. 110; Fed. R. Civ. P. 41).) 25 When plaintiff did not file a motion to proceed IFP or submit the filing fee in compliance 26 with the March 30 order, this court issued findings and recommendations in which it 27 recommended that this action be dismissed for plaintiff’s failure to do so. (Aug. 9, 2022 Findings 28 and Recommendations (ECF No. 15).) Shortly thereafter, plaintiff filed an appeal. (ECF No. 16.) 1 | On November 21, 2022, the Ninth Circuit Court of Appeals dismissed plaintiff's appeal. (ECF 2 | No. 19.) 3 The August 9, 2022 Findings and Recommendations remain pending. Plaintiff will be 4 | given one more opportunity to file objections. 5 Accordingly, within twenty days of the filed date of this order, plaintiff may file 6 | objections to the August 9, 2022 Findings and Recommendations. As plaintiff was informed 7 | previously, failure to file objections within the specified time may result in waiver of the right to 8 | appeal the district court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 | Dated: J anuary 3, 2023 11 BORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 7 DB Prisoner Inbox/Civil Rights/R/salc2290.fr obj eot 18 19 20 21 22 23 24 25 26 27 28