1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DESMOND CHARLES BRACKETT, No. 2:23-cv-02880 DAD AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MATTHEW CHRISTOPHER BENTLY, 15 Defendant. 16 17 By an order filed February 16, 2024, plaintiff was granted an extension of time to file a 18 completed in forma pauperis affidavit and a certified copy of his prison trust account statement. 19 ECF No. 9. Plaintiff was cautioned that failure to do so within the time provided would result in 20 a recommendation that this action be dismissed. Id. 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 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

(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. YIst,

(9th Cir. 1991). 3 || DATED: April 2, 2024 ~ 4 Httwn— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28