(PC) Williams v. Passini et al, No. 2:2017cv01362 - Document 8 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/19/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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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 LANCE WILLIAMS, 12 13 14 No. 2:17-cv-01362 KJM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MATILDA PASSINI, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 18 42 U.S.C. § 1983. By order filed February 1, 2018, plaintiff’s motion for in forma pauperis status 19 was denied after this court determined that he had previously filed three or more civil actions that 20 were dismissed as “frivolous, malicious, or fail[ed] to state a claim….” See 28 U.S.C. § 1915(g). 21 This court also concluded that plaintiff’s allegations in the complaint did not meet the imminent 22 danger exception that would allow his case to proceed without payment of the filing fees. As a 23 result, plaintiff was ordered to pay the $400 filing fee for this civil action within fourteen days. 24 Plaintiff was cautioned that his failure to pay the filing fee would result in a recommendation that 25 this action be dismissed. The fourteen day period has now expired, and plaintiff has not 26 responded to the court’s order. 27 28 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be served and filed within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: March 19, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 12/will1362.fifp.docx 18 19 20 21 22 23 24 25 26 27 28 2
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