(PC) Uhuru v. Eldridge et al

Filing 37

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/17/2020 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KOHEN DIALLO UHURU,

12

No. 2:19-cv-1119 JAM KJN P

Plaintiff,

13

v.

14

FINDINGS AND RECOMMENDATIONS

LAURA ELDRIDGE, et al.,

15

Defendants.

16
By an order filed July 29, 2020, plaintiff’s in forma pauperis status was revoked, and he

17
18

was ordered to pay, within thirty days, the $400.00 filing fee, and was cautioned that failure to do

19

so would result in a recommendation that this action be dismissed. That time period has now

20

expired, and plaintiff has not paid the court’s filing fee, or otherwise responded to the court’s

21

order.1

22

////

23
24
25
26
27
28

1

Instead, plaintiff filed an appeal. On October 16, 2020, the Court of Appeals for the Ninth
Circuit denied plaintiff leave to proceed in forma pauperis on appeal because plaintiff had
sustained three or more actions or appeals dismissed as frivolous, malicious, or for failure to state
a claim, and had not alleged imminent danger of serious physical injury. Uhuru v. Eldridge, No.
20-16736 (9th Cir. Oct. 16, 2020). Plaintiff was ordered to pay the $505.00 filing fee within 21
days; such deadline has passed, and the circuit’s docket does not reflect plaintiff’s payment. Id.
Rather, on November 4, 2020, the circuit docketed receipt of plaintiff’s opening brief, but also
noted: “Major deficiencies: briefing is stayed, fees are due.” Id.
1

1
2

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.

3

These findings and recommendations are submitted to the United States District Judge

4

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

5

after being served with these findings and recommendations, plaintiff may file written objections

6

with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

7

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

8

time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

9

(9th Cir. 1991).

10

Dated: November 17, 2020

11
12
uhur1119.fpf

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2