(PC) Ruiz v. Shearer et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/26/21 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. 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-2078 TLN DB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
A. SHEARER, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se with a civil rights action. Plaintiff claims
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officers used excessive force in violation of his Eighth Amendment rights. On December 2,
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2020, the undersigned recommended that plaintiff’s motion to proceed in forma pauperis be
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denied because plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing the instant
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action. (ECF No. 10.) By order dated January 15, 2021, the district judge assigned to this action
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adopted the findings and recommendations and directed plaintiff to pay the filing fee within
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fourteen days of the date of this order or face dismissal of this action. (ECF No. 13.) Those
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fourteen 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
DB:1/Orders/Prisoner/Civil.Rights/ruiz2078.f&r.fee
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