1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY RAY SHANEE MALDONADO, No. 2:21-cv-1782 WBS AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to

and 18 has requested authority pursuant to

to proceed in forma pauperis. ECF Nos. 1, 19 2. This proceeding was referred to this court by Local Rule 302 pursuant to

636(b)(1)(B). 21 On October 7, 2021, the undersigned noted that plaintiff had previously been determined 22 to be a three strikes litigant within the meaning of

(g). See ECF No. 6. As a 23 result, plaintiff was ordered to pay the filing fee and to do so within twenty-one days. See

at 24 2. At that time, plaintiff was cautioned that a failure to comply with the order would result in a 25 recommendation that this action be dismissed. See

26 The twenty-one-day period has now expired. Plaintiff has neither paid the filing fee, nor 27 has he responded to the court’s order in any way. 28 //// ] Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Plaintiffs motion to proceed in forma pauperis (ECF No. 2) be DENIED pursuant to 3 |

(g), and 4 2. This action be DISMISSED without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of

(b)(1). Within twenty-one days 7 || after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 || and Recommendations.” Plaintiff □□ advised that failure to file objections within the specified 10 || time may waive the right to appeal the District Court’s order. Martinez v. YIst,

11 | (9th Cir. 1991). 12 | DATED: November 9, 2021 ~ 13 _Athuer—Clore ALLISON CLAIRE 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28