(PC) Driver v. Dept. of the Treasury IRS

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 2:22-cv-2229 KJM DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. 19 On March 28, 2023, the undersigned issued findings and recommendations recommending that: 20 (1) plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; (2) the court find that 21 plaintiff has accrued three strikes under 28 U.S.C. § 1915(g) prior to filing this action; and (3) the 22 court order plaintiff to pay the $402 filing fee in order to proceed with this action. (ECF No. 8.) 23 The District Judge adopted the findings and recommendations on July 11, 2023. (ECF No. 9.) 24 Plaintiff was granted thirty days to pay the filing fee. (Id.) 25 Thirty days from that date have now passed, and plaintiff has not paid the filing fee or 26 otherwise responded to the court’s order. Accordingly, the undersigned will recommend that this 27 action be dismissed without prejudice. 28 //// 1 IT IS HEREBY RECOMMENDED that: 2 1. This action be dismissed without prejudice; and 3 2. The Clerk of the Court be directed to close this case. 4 These findings and recommendations are submitted to the United States District Judge 5 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty (20) days 6 | after being served with these findings and recommendations, plaintiff may file written objections 7 | with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 9 | failure to file objections within the specified time may waive the right to appeal the District 10 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: August 24, 2023 12 13 14 ORAH BARNES mB: 1S UNITED STATES MAGISTRATE JUDGE | ppp Prisoner Inbox/Civil RightsR/driv2229 .ifp fr 16 17 18 19 20 21 22 23 24 25 26 27 28