Williams v. Passini et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/19/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LANCE WILLIAMS,
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No. 2:17-cv-01362 KJM CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
MATILDA PASSINI, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to
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42 U.S.C. § 1983. By order filed February 1, 2018, plaintiff’s motion for in forma pauperis status
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was denied after this court determined that he had previously filed three or more civil actions that
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were dismissed as “frivolous, malicious, or fail[ed] to state a claim….” See 28 U.S.C. § 1915(g).
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This court also concluded that plaintiff’s allegations in the complaint did not meet the imminent
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danger exception that would allow his case to proceed without payment of the filing fees. As a
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result, plaintiff was ordered to pay the $400 filing fee for this civil action within fourteen days.
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Plaintiff was cautioned that his failure to pay the filing fee would result in a recommendation that
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this action be dismissed. The fourteen day period has now expired, and plaintiff has not
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responded to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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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.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: March 19, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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12/will1362.fifp.docx
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