(PC) Howes v. White ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVON HOWES, No. 2:21-cv-0521-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CLAIRE WHITE, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On April 27, 2021, the court found that plaintiff had submitted a trust account 19 statement (ECF No. 6), but it had not been certified by a jail official, as required by 28 U.S.C. 20 § 1915(a)(2). ECF No. 7. 21 Accordingly, the court directed plaintiff to submit a certified trust account statement to 22 complete his request for leave to proceed in forma pauperis. Id. The court also warned plaintiff 23 that failure to do so would result in this action being dismissed. Id. The time for acting has now 24 passed and plaintiff has not submitted the certified trust account statement or otherwise responded 25 to the court’s order. 26 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 27 District Judge to this case. 28 ///// 1 Further, it is RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 objections shall be served and filed within fourteen days after service of the objections. The 8 parties are advised that failure to file objections within the specified time may waive the right to 9 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: June 1, 2021. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28