(PC) Driver v. Pohovich

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-1672 TLN DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 POHOVICH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims that officer used excessive force against him on two occasions. 19 By order dated, November 15, 2023, the district court determined that plaintiff accrued three 20 strikes under 28 U.S.C. § 1915(g) prior to filing this action. (ECF No. 10.) Plaintiff was directed 21 to pay the filing fee within thirty days or face dismissal of this action. (Id.) Those thirty days 22 have passed, and plaintiff has not paid the fee, requested additional time to pay the fee, or 23 otherwise responded to the court’s order. Accordingly, the undersigned will recommend that this 24 action be dismissed without prejudice for failure to prosecute and failure to comply with court 25 orders. 26 //// 27 //// 28 //// 1 For the reasons set forth above, IT IS HEREBY RECOMMENDED that this action be 2 | dismissed without prejudice. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 5 | being served with these findings and recommendations, plaintiff may file written objections with 6 | the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: January 4, 2024 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 DB:12 20 | DB/DB Prisoner Inbox/Civil Rights/R/driv1672.f&r.fee(3strikes) 21 22 23 24 25 26 27 28