Hardaway v. Spearman et al

Filing 9

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SONNY RAY HARDAWAY,

12
13
14

No. 2:16-cv-2219-WBS-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

M.E. SPEARMAN, et al.,

15

Defendants.

16
17

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

18

U.S.C. § 1983. On April 28, 2017, the court denied plaintiff’s application to proceed in forma

19

pauperis because he is a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g). ECF

20

No. 8. Plaintiff was given 21 days within which to pay the $400 filing fee for this action. Id.

21

Plaintiff was warned that failure to pay the filing fee within 21 days would result in a

22

recommendation of dismissal. Id. Plaintiff has not paid the filing fee or otherwise responded to

23

the court’s order.

24

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

25

These findings and recommendations are submitted to the United States District Judge

26

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

27

after being served with these findings and recommendations, any party may file written

28

objections with the court and serve a copy on all parties. Such a document should be captioned
1

1

“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

2

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

3

Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

4

Dated: June 1, 2017.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2