Tyrell Ainsworth v. Shepherd, et al.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA TYRELL AINSWORTH, No. 2:24-cv-1478 KJM AC P 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. SHEPHERD, et al., 15 Defendants.

17 By order filed May 29, 2025, plaintiff was ordered to pay the filing fee within thirty days and was cautioned that failure to do so would result in dismissal of this action. ECF No. 30.

19 Plaintiff appealed. ECF No. 31. After plaintiff failed to pay the appellate court filing fee, his appeal was dismissed, and the order become the mandate of the court. ECF No. 36. The thirty- day period for plaintiff to pay the filing fee in this action has long expired and plaintiff has not paid the filing fee or otherwise responded to the order.

23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

25 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings | and Recommendations.” Plaintiff is advised that failure to file objections within the specified | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 | (th Cir. 1991).

4 || DATED: December 29, 2025 ~ ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE 1]