Lawhorn
(PC) Martinez v. Lawhorn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 1:21-cv-01602-BAK (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION FOR FAILURE TO
v. PROSECUTE OR PAY FILING FEE
D. LAWHORN, et al., 14-DAY DEADLINE
Defendants. Clerk of the Court to Assign a District Judge
16 Plaintiff Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action. Plaintiff has not paid the filing fee for this case. Therefore, on November 4, 2021, the Court issued an order directing Plaintiff to pay the filing fee or submit an application to proceed in forma pauperis (“IFP”) within 45 days. (ECF No. 3.) The order provided that “[f]ailure to comply w[ould] . . . result in dismissal of this action.” (Id. at 1.) Although more than the allowed time has passed, Plaintiff has failed to submit an IFP application or to pay the filing fee. The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide that…