(PC) Barth v. Borbe et al

Filing 59

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/07/24 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Dale A. Drozd; Objections to F&Rs due within 14 days. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN DAMON BARTH, 12 13 14 15 No. 2:20-cv-2202 DAD KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. BORBE, Defendant. 16 17 By an order filed April 19, 2023, plaintiff’s in forma pauperis status was revoked, and 18 plaintiff was ordered to pay, within thirty days, the district court’s filing fee, and was cautioned 19 that failure to do so would result in a recommendation that this action be dismissed. 20 In the meantime, plaintiff filed an appeal which was processed to the Court of Appeals for 21 the Ninth Circuit, case No. 23-15879. However, on November 16, 2023, the appellate court 22 denied plaintiff leave to proceed in forma pauperis under 28 U.S.C. § 1915(g) and ordered him to 23 pay the $505.00 appellate filing fee within 21 days. No. 23-15879 (ECF No. 9). On December 24 29, 2023, plaintiff was granted an additional 21 days in which to pay the $505.00 filing fee and 25 warned that failure to pay such fees would result in the automatic dismissal of the appeal. On 26 January 30, 2024, plaintiff’s appeal was dismissed for failure to prosecute. (ECF No. 58.) 27 To date, according to the financial department, no monies have been received from 28 plaintiff for either the instant case or toward plaintiff’s appeal. More than thirty days have passed 1 1 since the order issued, and plaintiff has not paid the court’s filing fee, or otherwise responded to 2 the court’s order. 3 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 objections shall be filed and served within fourteen days after service of the objections. The 11 parties are advised that failure to file objections within the specified time may waive the right to 12 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: February 7, 2024 14 15 16 17 /bart2202.fpf 18 19 20 21 22 23 24 25 26 27 28 2

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