LeBlanc v. Bunch et al
FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/20/2017 RECOMMENDING that this action be dismissed without prejudice for failure to pay the filing fee; REFERRING this matter to Judge Garland E. Burrell, Jr.; ORDERING that any objections be filed within fourteen (14) days. (Michel, G.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:16-cv-02730 GEB DB
B. DUFFY, et al.,
FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §
1983. The court previously denied plaintiff’s motion to proceed in forma pauperis pursuant to 28
U.S.C. § 1915(g), which reads:
In no event shall a prisoner bring a civil action . . . [in forma
pauperis] if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action or appeal
in a court of the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is under imminent danger
of serious physical injury.
The court reviewed relevant court records and found three actions, all filed in the United
States District Court for the Central District of California, that amount to “strikes” under 28
U.S.C. § 1915(g). (ECF No. 6 at 1-2.) Plaintiff was thereafter ordered to submit the $400 filing
fee for this action within 21 days. (Id. at 3.) Plaintiff was warned that failure to comply would
result in a recommendation of dismissal. (Id.)
More than 21 days have now passed and plaintiff has not submitted the required $400
filing fee. Pursuant to the court’s previous warning, the undersigned recommends that this matter
be dismissed for failure to pay the requisite filing fee.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to pay the filing fee.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, plaintiff may file written objections
with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
and Recommendations.” Any response to the objections shall be filed and served within fourteen
days after service of the objections. Plaintiff is advised that failure to file objections within the
specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
F.2d 1153 (9th Cir. 1991).
DATED: September 20, 2017
/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
DB / ORDERS / ORDERS.PRISONER.CIVIL RIGHTS / lebl2730.dismiss.fr
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