(PC) Ruiz v. Rossi et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/26/21 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 30 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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ROGELIO MAY RUIZ,

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No. 2:20-cv-1066 WBS DB P

Plaintiff,

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v.

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J. ROSSI, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff claims his rights were violated in connection with a rules violation report

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he received in June 2019. On November 2, 2020, the undersigned recommended that plaintiff’s

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motion to proceed in forma pauperis be denied because plaintiff accrued three strikes under 28

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U.S.C. § 1915(g) prior to filing the instant action. (ECF No. 9.) By order dated January 4, 2021,

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the district judge assigned to this action adopted the findings and recommendations and directed

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plaintiff to pay the filing fee within forty-five days or face dismissal of this case. (ECF No. 12.)

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Those forty-five days have passed, and plaintiff has not paid the filing fee.

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

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These findings and recommendations will be 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)(1). Within thirty days after
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being served with these findings and recommendations, plaintiff may file written objections with

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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

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may result in a waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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Dated: April 26, 2021

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DB:12

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DB/DB Prisoner Inbox/Civil.Rights/R/ruiz1066.f&r.fee

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