(PC)Garrett v. State of California ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CAMEO LOREE GARRETT, No. 2:21-cv-01825 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 STATE OF CALIFORNIA, et al., 14 Defendant. 15 16 Plaintiff is an inmate at Amador County Jail proceeding pro se with a civil rights action 17 pursuant to 42 U.S.C. § 1983. By order dated October 7, 2021, the court ordered plaintiff to file a 18 certified copy of his inmate trust account statement and to submit a completed affidavit in support 19 of his request to proceed in forma pauperis on the form used by this district. (ECF No. 4.) 20 Plaintiff was given thirty days to file the trust statement and completed affidavit with the court. 21 (Id. at 1-2.) Plaintiff was warned that failure to abide by the court’s order would result in a 22 recommendation that this action be dismissed. (Id. at 2.) 23 Thirty days have passed. Plaintiff has not filed either of the documents required to 24 proceed in forma pauperis, requested additional time to file any of these documents, paid the 25 filing fee, or otherwise responded to the court’s order. Accordingly, the court will recommend 26 that this action be dismissed for failure to prosecute and failure to comply with court orders. 27 //// 28 //// 1 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a 2 | district judge to this action. 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 4 | Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court and serve a copy on all parties. Such a document should be captioned “Objections 9 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 || objections within the specified time may waive the right to appeal the District Court’s order. 11 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: February 22, 2022 14 15 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 DB:14 20 | pB/B Prisoner Inbox/Civil Rights/R/garrl 825.f_dism 21 22 23 24 25 26 27 28