Sierra v. Director of CDCR et al

Filing 78

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/16/18 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ALAN SIERRA,

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Plaintiff,

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No. 2: 16-cv-1067 MCE KJN P

v.

FINDINGS AND RECOMMENDATIONS

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action filed

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pursuant to 42 U.S.C. § 1983. On May 5, 2017, the court denied plaintiff’s application to proceed

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in forma pauperis, and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 64).

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Plaintiff appealed the May 5, 2017 order to the Ninth Circuit Court of Appeals. (ECF No. 65).

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On April 4, 2018, the Ninth Circuit dismissed plaintiff’s appeal for failure to prosecute. (ECF

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No. 76.)

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On April 11, 2018, the undersigned ordered plaintiff to pay the filing fee within thirty

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days. (ECF No. 77.) In this order, the undersigned cautioned that failure to comply with the

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order would result in a recommendation of dismissal of this action. (Id.) Thirty days passed and

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plaintiff did not pay the filing fee or otherwise respond to the April 11, 2018 order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 16, 2018

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Si1067.fr

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kc

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