(PC) Brackett v. Garland ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMOND CHARLES BRACKETT, No. 2:22-cv-0886-TLN-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MERRICK GARLAND, 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 June 2, 2022, the court found that plaintiff had failed to submit a certified 19 trust account statement in support of his application for leave to proceed in forma pauperis. ECF 20 No. 4. 21 Accordingly, the court directed plaintiff to submit the certified trust account statement 22 required by 28 U.S.C. § 1915(a)(2) within thirty days. Id. The court also warned plaintiff that 23 failure to do so would result in this action being dismissed. Id. The time for acting has now 24 passed and plaintiff has not paid the filing fee, submitted an application for leave to proceed in 25 forma pauperis, or otherwise responded to the court’s order. 26 ///// 27 ///// 28 ///// ] Accordingly, 1t 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. Yést, 951 F.2d 1153 (9th Cir. 1991). 11 || Dated: July 5, 2022. 12 □□ PDEA EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28