(PC) Azevedo v. Smith et al, No. 2:2018cv02818 - Document 12 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/15/2019 RECOMMENDING this action be dismissed without prejudice for failure to pay the filing fee. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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(PC) Azevedo v. Smith et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LEONARD AZEVEDO, 12 13 14 15 No. 2:18-cv-2818 TLN AC P Plaintiff, FINDINGS AND RECOMMENDATIONS v. ALBERT SMITH, et al., Defendants. 16 17 By order filed November 29, 2018, the District Judge denied plaintiff’s motion to proceed 18 in forma pauperis and plaintiff was ordered to pay the filing fee within thirty days. ECF No. 7. 19 He was also cautioned that failure to do so would result in dismissal of this case. Id. The thirty- 20 day period has now expired, and plaintiff has not paid the filing fee. Instead, he filed another 21 form motion for leave to proceed in forma pauperis. ECF No. 8. Plaintiff’s previous motion was 22 denied because he has accrued three strikes under 28 U.S.C. § 1915(g), and his new motion 23 provides no basis for a different outcome. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to pay the filing fee. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 Dockets.Justia.com 1 with the court. Such a 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: January 15, 2019 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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