(PC) Garcia v. State of California et al, No. 2:2021cv00135 - Document 6 (E.D. Cal. 2021)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/31/2021 ORDERING Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK JAMES GARCIA, 12 13 14 15 No. 2:21-cv-0135 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 17 Plaintiff is a county inmate, proceeding pro se. By an order filed February 4, 2012, 18 plaintiff was ordered to file a completed in forma pauperis affidavit and a certified copy of his 19 prison trust account statement, and was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. The thirty-day period has now expired, and 21 plaintiff has not responded to the court’s order and has not filed the required documents. 22 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: March 31, 2021 5 6 7 /garc0135.fifp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2