Pierce v. Prison Law Clinic, et al.

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/19/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAVON PIERCE,

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No. 2:15-cv-02692 KJM AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

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PRISON LAW CLINIC, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He sought leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF

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No. 2. On May 11, 2017, the court determined that plaintiff was a “three-striker” within the

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meaning of 28 U.S.C. § 1915(g). ECF No. 7 at 1-2. Accordingly, it denied plaintiff’s in forma

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pauperis application and ordered him to submit the full filing fee within twenty-one days of that

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order’s entry. Id. at 3. That deadline has now passed, and plaintiff has failed to submit either the

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filing fee or a response to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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 twenty one 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 and serve a copy on all parties. Such a document should be captioned “Objections

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to Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 158

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F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 19, 2017

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