1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY LEE JACKS, No. 2:23-cv-1338 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 MITCHELL, et al., 15 Defendants. 16 17 This action was initiated on July 7, 2023, when the named plaintiff in this matter, Larry 18 Lee Jacks, a prisoner at High Desert State Prison, filed a document entitled “Declaration.” (ECF 19 No. 1.) In it, he accuses a correctional officer of lying in a rules violation report issued against 20 another prisoner, LeMonta Maddox. (Id.) After the court ordered Mr. Jacks to file an application 21 to proceed in forma pauperis or pay the filing fee, he filed a notice clarifying that he is a witness 22 to the events at issue in Maddox v. Lara, 2:22-cv-1545 AC P (E.D. Cal.), and that he intended to 23 file the document which the court construed as a complaint as a declaration in the Maddox case. 24 (ECF Nos. 4, 5.) 25 This civil action was opened due to a clerical error. (See ECF No. 5.) The undersigned 26 will therefore recommend that this action be closed. 27 //// 28 //// 1 Mr. Jacks is advised that, in order for his declaration to be considered in the Maddox case, 2 | it must bear the docket number for that action, 2:22-cv-1545, and it must be resubmitted to the 3 court. 4 Accordingly, IT IS ORDERED that the Clerk of the Court randomly assign a district 5 || judge to this action. 6 IT IS RECOMMENDED that: 7 1. This case be dismissed without prejudice; and 8 2. The Clerk of the Court be directed to close this case. 9 These findings and recommendations are submitted to the United States Magistrate Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 11 || days after being served these findings and recommendations, plaintiff may file written objections 12 | with the court and serve a copy on all parties. Such a document should be captioned “Objections 13 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 | objections within the specified time may waive the right to appeal the District Court’s order. 15 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 | Dated: September 12, 2023 17 18 19 ORAH BARNES

UNITED STATES MAGISTRATE JUDGE

20 21 22 23 24 DBD Prisoner Inbox/Civil Rights/R/jacks1338.close 25 26 27 28