(PC) Driver v. Dept. of the Treasury IRS
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., No. 2:22-cv-2229 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. On March 28, 2023, the undersigned issued findings and recommendations recommending that: (1) plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; (2) the court find that plaintiff has accrued three strikes under 28 U.S.C. § 1915(g) prior to filing this action; and (3) the court order plaintiff to pay the $402 filing fee in order to proceed with this action. (ECF No. 8.) The District Judge adopted the findings and recommendations on July 11, 2023. (ECF No. 9.) Plaintiff was granted thirty days to pay the filing fee. (Id.) Thirty days from that date have now passed, and plaintiff has not paid the filing fee or otherwise responded to the court’s order. …