Law v. Austin et al

Filing 43

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/3/2020 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 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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CARLOS GILBERT LAW,

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Plaintiff,

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v.

No. 2:17-cv-2060 JAM AC P

FINDINGS AND RECOMMENDATIONS

LORI W. AUSTIN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to

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42 U.S.C. § 1983. By order filed August 26, 2020, plaintiff was declared a three-strikes litigant

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within the meaning of 28 U.S.C. § 1915(g), and directed to pay the filing fee as a condition to

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proceeding with this action. ECF No. 42. Plaintiff was provided sixty (60) days within which to

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pay the filing fee and he was informed that “failure to timely pay the above-noted fees will result

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in the dismissal of this action without prejudice.” Id. at 2. The deadline has passed without

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plaintiff paying the filing fee or otherwise communicating with this court.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
These findings and recommendations are submitted to the United States District Judge

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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)

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days after the filing date of these findings and recommendations, plaintiff may file written
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objections with the court. Such document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: November 3, 2020

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