(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.)

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By an order filed April 19, 2023, plaintiff’s in forma pauperis status was revoked, and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