McElroy v. CDCR, et al.

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/25/2017 DENYING 14 Renewed Motion to Proceed IFP; DENYING AS MOOT 10 Motion for Instantaneous Action and Motion for Sanctions and 13 Request for Hearing; and RECOMM ENDING that 1 Prisoner Civil Rights Complaint be dismissed without prejudice. Referred to Judge William B. Shubb. Within 14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LATWAHN MCELROY, 12 13 14 15 No. 2:17-cv-0485 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATION CDCR, et al., Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se. On April 27, 2017, plaintiff was 18 ordered to pay the $400 filing fee for this action within 14 days. Plaintiff was warned that failure 19 to pay the filing fee within the allotted time would result in a recommendation that this action be 20 dismissed without prejudice. Plaintiff has not paid the filing fee. Instead, plaintiff filed another 21 motion to proceed in forma pauperis. (ECF No. 14). 22 Accordingly, IT IS HEREBY RECOMMENDED that: 23 1. Plaintiff’s renewed motion to proceed in forma pauperis (ECF No. 14) be denied for 24 the reasons stated in this court’s order dated April 27, 2017; 25 2. All other pending motions and requests be denied as moot (ECF No. 10, 13); and 26 3. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 Dated: May 25, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 12/mcel0485.fifp.docx 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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