Weaver v. Deuel Vocational Institution

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/27/14 RECOMMENDING this action be dismissed without prejudice; and the Clerk of Court be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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Plaintiff,

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No. 2:14-cv-1808 KJM DAD P

v.

FINDINGS AND RECOMMENDATIONS

DEUEL VOCATIONAL INSTITUTION,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights complaint filed pursuant to

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42 U.S.C. § 1983. On August 6, 2014, this court found that plaintiff is a designated “three strikes

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litigant” under 28 U.S.C. § 1915(g). As a three strikes litigant, plaintiff may not proceed in forma

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pauperis in an action unless he demonstrates that he was “under imminent danger of serious

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physical injury” when he filed his complaint. 28 U.S.C. § 1915(g). In reviewing the instant

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complaint, the court found that plaintiff was not under imminent danger of serious physical injury

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when he commenced this action, and therefore may not proceed in forma pauperis herein. The

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court informed plaintiff that, to continue with this action, he must pay the full fee of $400.00

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($350.00 filing fee plus $50.00 administrative fee).
Plaintiff was accorded thirty days to pay the required fee and was informed that “[f]ailure

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. . . to timely submit the full filing fee will result in the dismissal of this action.” (ECF No. 3 at

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3.) The thirty-day period has expired, and plaintiff has not paid the fee or otherwise responded to

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the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. This action be dismissed without prejudice; and

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2. The Clerk of Court be directed to close this case.

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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. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: September 27, 2014

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DAD:4
weav1808.f&r.3strikes

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