Manago v. Beard et al

Filing 59

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/20/2017 RECOMMENDING that this action be dismissed for failure to comply with this Court's order to pay the mandatory filing fee; RECOMMENDING that the 57 Motion to Dismiss be denied as moot; REFERRING this matter to Judge Morrison C. England, Jr.; ORDERING that any objections be filed within fourteen days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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No. 2:13-cv-0956 MCE DB

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

JEFFREY A. BEARD, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983 and was granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on

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August 18, 2014. On January 24, 2017, this court revoked plaintiff’s in forma pauperis status

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because of three previous lawsuits by plaintiff that were dismissed as frivolous. Accordingly, the

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court ordered plaintiff to submit the appropriate filing fee of $331.00 within 21 days, or else the

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court would recommend dismissal. (ECF No. 54.) The 21 day deadline has now passed and

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plaintiff has not yet paid the requisite $331 filing fee.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for failure

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to comply with this court’s order to pay the mandatory filing fee, and that defendants’ motion to

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dismiss (ECF No. 57) be denied as moot.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Any response to the objections shall be filed and served within fourteen

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days after service of the objections. Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: September 20, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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TIM-DLB:10
ORDERS / ORDER.PRISONER.CIVIL RIGHTS / Mona0956.fr.dismiss

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