(PC) Sierra v. Director of CDCR et al, No. 2:2016cv01067 - Document 78 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/16/18 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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(PC) Sierra v. Director of CDCR et al Doc. 78 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, 12 Plaintiff, 13 14 15 No. 2: 16-cv-1067 MCE KJN P v. FINDINGS AND RECOMMENDATIONS DIRECTOR OF DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action filed 18 19 pursuant to 42 U.S.C. § 1983. On May 5, 2017, the court denied plaintiff’s application to proceed 20 in forma pauperis, and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 64). 21 Plaintiff appealed the May 5, 2017 order to the Ninth Circuit Court of Appeals. (ECF No. 65). 22 On April 4, 2018, the Ninth Circuit dismissed plaintiff’s appeal for failure to prosecute. (ECF 23 No. 76.) 24 On April 11, 2018, the undersigned ordered plaintiff to pay the filing fee within thirty 25 days. (ECF No. 77.) In this order, the undersigned cautioned that failure to comply with the 26 order would result in a recommendation of dismissal of this action. (Id.) Thirty days passed and 27 plaintiff did not pay the filing fee or otherwise respond to the April 11, 2018 order. 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, plaintiff may file written objections 5 with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 7 failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: May 16, 2018 10 11 12 Si1067.fr 13 kc 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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