(PC)Blackman v. Lavalleur et al, No. 2:2015cv01772 - Document 7 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/9/2015 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days.(Yin, K)

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(PC)Blackman v. Lavalleur et al Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY BLACKMAN, 12 13 14 No. 2:15-cv-1772 GEB AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS K. LAVALLEUR, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 18 U.S.C. § 1983. By order filed September 23, 2015, this court directed plaintiff, a designated 19 “three-strikes litigant” under 28 U.S.C. § 1915(g), to pay the full filing fee in this action within 20 thirty days in order to proceed. See ECF No. 6. The court informed plaintiff that failure to timely 21 pay the filing fee would result in a recommendation that his action be dismissed without 22 prejudice. Id. at 3. The time for submitting the filing fee has expired. Plaintiff has not submitted 23 the fee or otherwise communicated with the court. 24 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge 27 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 Dockets.Justia.com 1 with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 DATED: November 9, 2015 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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