(PC) Haney v. Woodruff, No. 2:2017cv00860 - Document 12 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/8/2018 RECOMMENDING this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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(PC) Haney v. Woodruff Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONTE L. HANEY, 12 No. 2:17-cv-0860-MCE-EFB P Plaintiff, 13 v. 14 M. WOODRUFF, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On January 25, 2018, the court denied plaintiff’s application to proceed in forma 19 pauperis because he is a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g). ECF 20 No. 10. On January 30, 2018, plaintiff was given 14 days within which to pay the $400 filing fee 21 for this action. ECF No. 11. Plaintiff was warned that failure to pay the filing fee within 14 days 22 would result in a recommendation of dismissal. Id. Plaintiff has not paid the filing fee or 23 otherwise responded to the court’s order. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Turner v. 3 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: March 8, 2018. 5 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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