(PC) Ruiz v. Shearer et al

Filing 20

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROGELIO MAY RUIZ, 11 12 13 No. 2:20-cv-2078 TLN DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A. SHEARER, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action. Plaintiff claims 17 officers used excessive force in violation of his Eighth Amendment rights. On December 2, 18 2020, the undersigned recommended that plaintiff’s motion to proceed in forma pauperis be 19 denied because plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing the instant 20 action. (ECF No. 10.) By order dated January 15, 2021, the district judge assigned to this action 21 adopted the findings and recommendations and directed plaintiff to pay the filing fee within 22 fourteen days of the date of this order or face dismissal of this action. (ECF No. 13.) Those 23 fourteen days have passed, and plaintiff has not paid the filing fee. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 26 These findings and recommendations will be submitted to the United States District Judge 27 Assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 28 being served with these findings and recommendations, plaintiff may file written objections with 1 1 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may result in a waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 4 1153 (9th Cir. 1991). 5 Dated: April 26, 2021 6 7 8 9 10 11 12 13 14 DB:12 DB:1/Orders/Prisoner/Civil.Rights/ruiz2078.f&r.fee 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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