(PC) Gil v. Perez et al

Filing 15

ORDER ADOPTING 14 Findings and Recommendations and DISMISSING Action for Failure to Prosecute and Failure to Obey a Court Order signed by District Judge Dale A. Drozd on 10/9/2019. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUBEN GIL,

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No. 1:18-cv-01039-DAD-BAM
Plaintiff,

v.

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JOHN DOE WARDEN, et al.,

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION FOR FAILURE TO PROSECUTE
AND FAILURE TO OBEY A COURT
ORDER
(Doc. No. 14)

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Plaintiff Ruben Gil is a former state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 17, 2019, the assigned magistrate judge screened plaintiff’s complaint pursuant to

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28 U.S.C. § 1915A and determined that it failed to state a cognizable claim for relief. (Doc. No.

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13.) Plaintiff was granted leave to file a first amended complaint attempting to cure the

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deficiencies identified by the magistrate judge within thirty days. (Id. at 15.) Plaintiff was

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warned that his failure to file an amended complaint in compliance with the screening order

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would result in dismissal of this action. (Id.) More than thirty days have passed, but to date,

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plaintiff has not filed a first amended complaint.
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Therefore, on July 11, 2019, the magistrate judge issued findings and recommendations,

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recommending dismissal of this action, with prejudice, due to plaintiff’s failure to state a

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cognizable claim upon which relief may be granted, failure to obey a court order, and failure to

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prosecute this action. (Doc. No. 14.) The findings and recommendations were served on plaintiff

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and contained notice that any objections thereto were to be filed within fourteen (14) days after

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service. (Id. at 17.) To date, no objections to the findings and recommendations have been filed,

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and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of the case. Having carefully reviewed the entire file, the court adopts the
findings and recommendations.

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Accordingly,

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1.

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adopted;
2.

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The findings and recommendations issued on July 11, 2019 (Doc No. 14) are

This action is dismissed due to plaintiff’s failure to obey a court order and failure
to prosecute; and

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The clerk of the court is directed to close this case.

IT IS SO ORDERED.
Dated:

October 9, 2019
UNITED STATES DISTRICT JUDGE

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