(PC) Langston v. Blackford, No. 2:2016cv02366 - Document 9 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/28/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 WALTER SHANE LANGSTON, 12 No. 2:16-cv-2366 WBS DB P Plaintiff, 13 v. 14 J. BLACKFORD, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. In an order filed May 26, 2017, the court found plaintiff was not 19 eligible to proceed in forma pauperis in this action because he has accrued three strikes under 28 20 U.S.C. § 1915(g). The court ordered plaintiff to pay the filing fee within twenty-one days and 21 warned plaintiff that his failure to do so would result in a recommendation that this action be 22 dismissed. 23 24 25 26 Twenty-one days have passed and plaintiff has not submitted the filing fee or otherwise responded to the court’s May 26 order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 Dated: June 28, 2017 7 8 9 10 11 12 13 DLB:9 DLB1/prisoner-civil rights/lang2366.3 strikes fr 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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