Luedtke

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAMES LUEDTKE, Case No. 1:20-cv-01662-AWI-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSING ACTION

v. FOR FAILURE TO PAY THE FILING FEE

DALE DROZD, et al., (ECF Nos. 3, 5)

Defendants. OBJECTIONS DUE WITHIN THIRTY

DAYS

14 James Luedtke (“Plaintiff”), a federal prisoner, is appearing pro se in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal actors. Plaintiff filed a complaint and a motion to appoint counsel on November 24, 2020. Plaintiff did not pay the filing fee or submit an application to proceed in this action in forma pauperis. On November 25, 2020, an order issued requiring that Plaintiff show cause why this action should not be dismissed for failure to pay the filing fee after finding that Plaintiff was subject to the three strikes provision of 28 U.S.C. §…