1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CARL KELLY, Case No. 2:24-cv-01161-DJC-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE CLERK OF COURT BE DIRECTED TO CLOSE THIS MATTER 14 BANDARU, et al., OBJECTIONS DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 Plaintiff is a “Three-Striker” within the meaning of Title

(g). See Kelly 18 v. Sao, No. 1:19-cv-00681-LJO-BAM (E.D. Cal. May 19, 2019) (recognizing plaintiff as a “three- 19 striker” within in the meaning of

(g)). Accordingly, on April 30, 2024, I 20 recommended that plaintiff’s application to proceed in forma pauperis be denied. ECF No. 7. 21 Plaintiff was allowed fourteen days to file objections.

. I also recommended that plaintiff 22 be directed to tender the filing fee within thirty days of any order adopting these 23 recommendations.

24 Plaintiff did not file objections or tender the filing fee. On June 27, 2024, the district 25 judge adopted the findings and recommendations and ordered plaintiff to tender the filing fee 26 within thirty days. ECF No. 8. The district judge referred the matter back to me for further pre- 27 trial proceedings.

28 1 The deadline imposed by the court to tender the filing fee has expired, and plaintiff has 2 | neither tendered the filing fee nor otherwise responded to the court’s orders. 3 Accordingly, it is RECOMMENDED that the Clerk of Court be directed to close this 4 | matter. 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 fourteen days of 7 | service of these findings and recommendations, any party may file written objections with the 8 | court and serve a copy on all parties. Any such document should be captioned “Objections to 9 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 10 | within fourteen days of service of the objections. The parties are advised that failure to file 11 | objections within the specified time may waive the right to appeal the District Court’s order. See 12 | Turner v. Duncan,

(9th Cir. 1998); Martinez v. Yist,

(9th Cir. 13 1991). 14 1s IT IS SO ORDERED. 16 | 1 Sty — Dated: _ August 17, 2024 Q_——_ 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE

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