Haney v. Woodruff

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/8/2018 RECOMMENDING this action be dismissed. Referred to Judge Morrison C. England, Jr.; 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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MONTE L. HANEY,

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No. 2:17-cv-0860-MCE-EFB P

Plaintiff,

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v.

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M. WOODRUFF,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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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 January 25, 2018, 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. 10. On January 30, 2018, plaintiff was given 14 days within which to pay the $400 filing fee

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for this action. ECF No. 11. Plaintiff was warned that failure to pay the filing fee within 14 days

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would result in a recommendation of dismissal. Id. Plaintiff has not paid the filing fee or

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otherwise responded to 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: March 8, 2018.

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