1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY SCOTT VAN HUSIEN, Case No. 2:24-cv-00083-DJC-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE CLERK OF COURT BE DIRECTED TO CLOSE THIS MATTER 14 BILL NELSON, OBJECTIONS DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 Plaintiff is a “Three-Striker” within the meaning of Title

(g). See Van 18 Husien v. Chief of Staff, No. 2:23-cv-02815-DAD-JDP (E.D. Cal. April 3, 2024) (denying 19 plaintiff’s motion to proceed in forma pauperis because plaintiff is a Three Striker). Accordingly, 20 on May 2, 2024, I recommended that plaintiff’s application to proceed in forma pauperis be 21 denied. ECF No. 15. Plaintiff was allowed fourteen days to file objections.

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

24 Plaintiff neither filed objections nor tendered 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. 18. The district judge referred the matter back to me for further pre- 27 trial proceedings.

Plaintiff filed two motions seeking to arrange a payment plan for his filing 28 1 | fee. ECF Nos. 20 & 21. Given that plaintiff's requests were effectively to proceed in forma 2 | pauperis, | denied those motions and granted plaintiff an additional twenty-one days to tender the 3 | filing fee. ECF No. 22. 4 The deadline to tender the filing fee has expired, and plaintiff has not done so. 5 Accordingly, it is RECOMMENDED that the Clerk of Court be directed to close this 6 | matter and plaintiff's pending motion, ECF No. 12, be denied as moot. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of

(b)(). Within fourteen days of 9 | service of these findings and recommendations, any party may file written objections with the 10 | court and serve a copy on all parties. Any such document should be captioned “Objections to 11 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 12 | within fourteen days of service of the objections. The parties are advised that failure to file 13 | objections within the specified time may waive the right to appeal the District Court’s order. See 14 | Turner v. Duncan,

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

(9th Cir. 15 1991). 16 7 IT IS SO ORDERED. 18 ( 1 Oy — Dated: _ August 27, 2024 Q_——_ 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE

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