(PC) Dreves v. McGarva

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID CODY DREVES, No. 2:23-cv-0044 CKD P 12 Plaintiff, 13 v. ORDER AND 14 JOHN MCGARVA, FINDINGS AND RECOMMENDATIONS 15 Defendant.

17 On January 26, 2023, the court ordered that plaintiff, within 30 days, submit a certified copy of his jail trust account statement for the six-month period immediately preceding the filing of his complaint. Plaintiff was warned that failure to so would result in a recommendation that this action be dismissed without prejudice. Plaintiff has not complied with the January 26, 2023 order.

22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court 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 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge’s Findings | and Recommendations.” Plaintiff is advised that failure to file objections within the specified || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th || Cir. 1991).

4 | Dated: March 13, 2023 Card ke yy a 5 CAROLYN K DELANEY?

6 UNITED STATES MAGISTRATE JUDGE 9} 1 10 drev0044.fis 1]