McDowell v. Rivera et al

Filing 34

ORDER Adopting Findings and Recommendation 33 to Dismiss Action without Prejudice for Failure to Obey Court Order and Failure to Prosecute, signed by District Judge Lawrence J. O'Neill on 4/23/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY MCDOWELL,

CASE NO. 1:13-cv-01797-LJO-MJS (PC)

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Plaintiff,

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v.
R. RIVERA, et al.,
Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION TO DISMISS
ACTION WITHOUT PREJUDICE FOR
FAILURE TO OBEY COURT ORDER AND
FAILURE TO PROSECUTE
(ECF No. 33)
CLERK TO TERMINATE PENDING
MOTIONS AND CLOSE CASE

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Plaintiff Jerry McDowell, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 6, 2013.

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(ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the

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Eastern District of California.

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On April 1, 2015, the Magistrate Judge issued Findings and a Recommendation

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to dismiss the action without prejudice based on Plaintiff’s failure to obey a court order

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and failure to prosecute. (ECF No. 33.) Plaintiff filed no objections and the time for

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doing so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the findings and recommendation to be supported by the record and by
proper analysis.
Accordingly, it is HEREBY ORDERED that:

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1. The Court adopts the findings and recommendation (ECF No. 33.), filed

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April 1, 2015, in full;

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2. The action is DISMISSED without prejudice for failure to obey a court order

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and failure to prosecute;

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3. The Clerk’s Office is directed to terminate all pending motions and CLOSE

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the case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 23, 2015

UNITED STATES DISTRICT JUDGE

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