(PS) McGarry v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL LAWRENCE McGARRY, No. 2:23-cv-00102 TLN AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS NICK JOHNSON, et al., Defendants. 16 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On January 19, 2023, the court denied plaintiff’s request to proceed in forma pauperis (ECF No. 2) due to plaintiff’s income and assets. ECF No. 3. The court ordered plaintiff to pay the filing fee no later than February 3, 2023. Id. Plaintiff was cautioned that failure to pay the filing fee would result in a recommendation that this case be dismissed. Plaintiff has not paid the filing fee or taken any action to prosecute this case. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without prejudice, for lack of prosecution and for failure to pay the filing fee. See Fed. R. Civ. P. 41(b); Local Rule 110. …