(PC) Price v. Sutton et al
ORDER ADOPTING 15 Findings and Recommendations and Dismissing Action, signed by District Judge Dale A. Drozd on 04/26/2021.CASE CLOSED. (Maldonado, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
KARIM HASAN PRICE,
No. 1:19-cv-00717-DAD-GSA (PC)
JOHN SUTTON, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
(Doc. No. 15)
Plaintiff Karim Hasan Price is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 .
On August 21, 2020, the assigned magistrate judge screened plaintiff’s complaint pursuant
to 28 U.S.C. § 1915A and determined that it failed to state a cognizable claim for relief. (Doc.
No. 10.) Plaintiff was granted leave to file a first amended complaint attempting to cure the
deficiencies identified by the magistrate judge within thirty (30) days after service of that
screening order. (Id. at 12–13.) Plaintiff was warned that his failure to file a first amended
complaint in compliance with the screening order would result in a recommendation that this
action be dismissed for failure to state a claim. (Id. at 13.) Plaintiff requested two extensions of
time in which to file an amended complaint, and the court granted those requests. (Doc. Nos. 11,
12, 13, 14.) That extended deadline has now passed. To date, plaintiff has not filed an amended
complaint or a notice of voluntary dismissal.
Accordingly, on March 12, 2021, the magistrate judge issued findings and
recommendations recommending that this action be dismissed due to plaintiff’s failure to obey a
court order, failure to prosecute this action, and failure to state a claim upon which relief may be
granted. (Doc. No. 15.) The pending findings and recommendations were served on plaintiff and
contained notice that any objections thereto were to be filed within fourteen (14) days after
service. (Id. at 2.) To date, no objections to the findings and recommendations have been filed,
and the time in which to do so has now passed.
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 concludes that the
findings and recommendations are supported by the record and by proper analysis.
The findings and recommendations issued on March 12, 2021 (Doc No. 15) are
This action is dismissed, without prejudice, due to plaintiff’s failure to obey a
court order and failure to prosecute this action; and
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
April 26, 2021
UNITED STATES DISTRICT JUDGE
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