(PC) Van Huisen v. Chief of Staff et al

Filing 24

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 6/4/2024 RECOMMENDING the 5 , 7 , 11 , 21 Motions be denied as moot. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these Findings and Recommendations. (Kyono, V)

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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 GREGORY SCOTT VAN HUSIEN, 12 13 14 15 Plaintiff, v. CHIEF OF STAFF, Case No. 2:23-cv-02815-DAD-JDP (PC) FINDINGS AND RECOMMENDATIONS PLAINTIFF’S OUTSTANDING MOTIONS BE DENIED AS MOOT AND THAT THE CLERK OF COURT BE DIRECTED TO CLOSE THIS MATTER Defendant. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 Plaintiff is a “Three-Striker” within the meaning of Title 28 U.S.C. § 1915(g). See Van 19 Huisen v. DeSantis, No. 2:23-cv-01758-WBS-KJN (E.D. Cal.) (dismissed for failure to state a 20 claim); Van Huisen v. Clinton Administration, No. 2:23-cv-01596-DJC-KJN (E.D. Cal.) 21 (dismissed for failure to state a claim); Van Husisen v. Joseph R. Biden, No. 2:23-cv-00944-DJC- 22 EFB (E.D. Cal.) (dismissed for failure to state a claim). Accordingly, on March 5, 2024, I 23 recommended that plaintiff’s application to proceed in forma pauperis be denied. ECF No. 14. 24 Plaintiff was allowed fourteen days to file objections. Id. at 3. I also recommended that plaintiff 25 be directed to tender the filing fee within thirty days of any order adopting these 26 recommendations. Id. 27 28 Plaintiff filed objections but did not tender the filing fee. ECF No. 15. On April 3, 2024, the district judge adopted the findings and recommendations and ordered plaintiff to tender the 1 1 filing fee within thirty days. ECF No. 20. The district judge referred the matter back to me for 2 further pre-trial proceedings. Id. 3 4 The deadline imposed by the court to tender the filing fee has expired, and plaintiff has neither tendered the filing fee nor otherwise responded to the court’s orders. 5 Accordingly, it is RECOMMENDED that: 6 1. Plaintiff’s outstanding motions, ECF Nos. 5, 7, 11, & 21, be denied as moot; and 7 2. The Clerk of Court be directed to close this matter. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, any party may file written 11 objections with the court and serve a copy on all parties. Such a document should be captioned 12 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 objections shall be served and filed within fourteen days after service of the objections. The 14 parties are advised that failure to file objections within the specified time may waive the right to 15 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 18 IT IS SO ORDERED. 19 Dated: June 4, 2024 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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