Hardaway v. Spearman et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/1/2017 RECOMMENDING this action be dismissed. Referred to Judge William B. Shubb; Objections to F&R due within 14 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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SONNY RAY HARDAWAY,
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No. 2:16-cv-2219-WBS-EFB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
M.E. SPEARMAN, 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. On April 28, 2017, the court denied plaintiff’s application to proceed in forma
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pauperis because he is a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g). ECF
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No. 8. Plaintiff was given 21 days within which to pay the $400 filing fee for this action. Id.
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Plaintiff was warned that failure to pay the filing fee within 21 days would result in a
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recommendation of dismissal. Id. Plaintiff has not paid the filing fee or otherwise responded to
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the court’s 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, any party may file written
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objections 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.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: June 1, 2017.
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