CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, No. 2:21-cv-00130-KJM-JDP (PC) Plaintiff, v. ORDER CDCR, 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 28, 2021, the Court denied plaintiff’s application for leave to proceed in forma pauperis because plaintiff is a three-strikers litigant within the meaning of 28 U.S.C. § 1915(g). ECF No. 10. Plaintiff was granted fourteen days in which to pay the $402 filing fee for this action and warned that failure to timely submit the fee would result in dismissal of this action. Id. Plaintiff has not paid the filing fee, and the allotted time has passed. The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir.…