1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILL ROBINSON, III, No. 2:24-cv-1646 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 JASON TA, et al., 15 Defendants. 16 17 Plaintiff, a Louisiana inmate proceeding pro se, has filed this civil rights action 18 seeking relief under

. The matter was referred to a United States 19 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 20 On August 5, 2022, the magistrate judge filed findings and recommendations 21 herein which were served on plaintiff and which contained notice to plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has not filed objections to the findings and recommendations. 24 The magistrate judge recommends dismissal for plaintiff’s failure to either pay 25 the filing fee or file a request to proceed in forma pauperis. The court notes that 26 plaintiff recently filed a request for leave to proceed in forma pauperis. However, the 27 application is not complete as plaintiff does not include a certified copy of his inmate 28 trust account statement and the “certification” portion was not completed by staff a 1 | plaintiff's place of incarceration. Plaintiff was specifically informed that any request to 2 || proceed in forma pauperis must include a certified trust account statement and that 3 the “certification” portion must be complete. ECF No. 3. 4 The court presumes that any findings of fact are correct. See Orand v. United 5 | States,

(9th Cir. 1979). The magistrate judge’s conclusions of law 6 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 7 | (9th Cir. 1983). Having reviewed the file, the court finds the findings and 8 || recommendations to be supported by the record and by the magistrate judge’s 9 | analysis. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations filed August 5, 2024 are adopted in full; 12 2. Plaintiff's motion for leave to proceed in forma pauperis (ECF No. 7) is 13 | denied; and 14 3. This case is dismissed without prejudice; and 15 4. The Clerk of the Court is directed to close this case. 16 17 IT IS SO ORDERED. 18 | Dated: _October 18, 2024 “Darel A CDbnetto Hon. Daniel alabretta 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28