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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, 12 Plaintiff, 13 14 No. 2:14-cv-1808 KJM DAD P v. FINDINGS AND RECOMMENDATIONS DEUEL VOCATIONAL INSTITUTION, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights complaint filed pursuant to 18 42 U.S.C. § 1983. On August 6, 2014, this court found that plaintiff is a designated “three strikes 19 litigant” under 28 U.S.C. § 1915(g). As a three strikes litigant, plaintiff may not proceed in forma 20 pauperis in an action unless he demonstrates that he was “under imminent danger of serious 21 physical injury” when he filed his complaint. 28 U.S.C. § 1915(g). In reviewing the instant 22 complaint, the court found that plaintiff was not under imminent danger of serious physical injury 23 when he commenced this action, and therefore may not proceed in forma pauperis herein. The 24 court informed plaintiff that, to continue with this action, he must pay the full fee of $400.00 25 ($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 26 27 . . . to timely submit the full filing fee will result in the dismissal of this action.” (ECF No. 3 at 28 ///// 1 1 3.) The thirty-day period has expired, and plaintiff has not paid the fee or otherwise responded to 2 the court’s order. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. This action be dismissed without prejudice; and 5 2. The Clerk of Court be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 12 (9th Cir. 1991). 13 Dated: September 27, 2014 14 15 16 DAD:4 weav1808.f&r.3strikes 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?