(PC) Davis v. Mendoza, et al.
ORDER ADOPTING 28 Findings and Recommendations signed by District Judge Dale A. Drozd on 10/13/2020. CASE CLOSED. (Lundstrom, T)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHARLES L. DAVIS,
No. 1:19-cv-01142-DAD-EPG (PC)
DEPARTMENT OF ADULT PAROLE
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION DUE TO PLAINTIFF’S FAILURE
TO PROSECUTE AND OBEY COURT
(Doc. No. 28)
Plaintiff Charles L. Davis1 is 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 June 9, 2020, the assigned magistrate judge issued findings and recommendations
recommending that this action be dismissed due to plaintiff’s failure to obey court orders and
failure to prosecute this case. (Doc. No. 28.) Specifically, plaintiff failed to appear on May 13,
2020 at the mandatory Initial Scheduling Conference as required by the court’s order setting the
conference (Doc. No. 21), and plaintiff failed to respond to the court’s order to show cause “why
he should not be sanctioned up to and including dismissal of this action for failing to appear at the
Plaintiff Davis was a state prisoner at the time he filed his complaint, but his address of record
indicates that he is no longer incarcerated. (See Doc. No. 28 at 1, n.1.)
Initial Scheduling Conference, for failing to file a scheduling conference statement, and for
failing to make initial disclosures,” (Doc. No. 26). (Doc. No. 28 at 1–2.) Those pending findings
and recommendations were served on plaintiff by mail at his address of record on June 9, 2020
and contained notice that objections thereto were to be filed within fourteen (14) days of service
of the findings and recommendations. (Id. at 4.) To date, no objections to the pending 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), the court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the court concludes that
the findings and recommendations are supported by the record and by proper analysis.
adopted in full;
The findings and recommendations issued on June 9, 2020 (Doc No. 28) are
This action is dismissed due to plaintiff’s failure to obey court orders and failure to
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
October 13, 2020
UNITED STATES DISTRICT JUDGE
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