(PC) Cook v. Solano County Sheriff's Dept. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KHARY J. COOK, No. 2:22-cv-0015-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SOLANO COUNTY SHERIFF’S DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 19 U.S.C. § 1983. On January 7, 2022, the court found that plaintiff had not submitted a certified 20 trust account statement for the required time period in support of his application for leave to 21 proceed in forma pauperis under 28 U.S.C. § 1915(a). ECF No. 4. 22 Accordingly, the court directed plaintiff to submit the required trust account statement 23 within thirty days. Id. The court also warned plaintiff that failure to do so would result in this 24 action being dismissed. Id. The time for acting has now passed and plaintiff has not submitted 25 the required trust account statement or otherwise responded 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 ///// ] 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)(1). 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. Yist, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: February 9, 2022. 12 13 Yy ( 4 EDMUND F. 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28