(HC) Nelson v. Covello

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, No. 2:23-cv-02896-KJM-CKD 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 GAVIN NEWSOME, 15 Defendant. 16 17 By an order filed May 21, 2024, plaintiff was ordered to file a completed in forma 18 pauperis affidavit and a certified copy of his prison trust account statement, and was cautioned 19 that failure to do so would result in a recommendation that this action be dismissed. The thirty 20 day period has now expired, and plaintiff has not responded to the court’s order and has not filed 21 the required documents. 22 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be 23 dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 4 Dated: July 8, 2024 _____________________________________ Carolyn K. Delaney 5 United States Magistrate Judge 6 7 8 9 12/fost2896.fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28