Long

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ROBERTS, No. 2:21-cv-1266 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LONG, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 2, 2021, the court noted that plaintiff is a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g). ECF No. 4. Accordingly, he was ordered to pay the filing fee prior to proceeding with this action and to do so within twenty-one days. See id. at 2. At that time, plaintiff was warned that his failure to pay the filing fee would result in a recommendation that this action be dismissed. See id. The period within which plaintiff was to comply with the order has passed, and plaintiff has neither paid the fee, nor has he responded to the…