(PC) Dannenberg v. Price et al

Filing 13

ORDER ADOPTING 12 Findings and Recommendations and Dismissing Action for Failure to Comply and Failure to Prosecute and Directing Clerk of the Court to Randomly Assign this Matter to a District Judge for Purposes of Closing this Action, signed by District Judge Dale A. Drozd on 10/13/2020. CASE CLOSED. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC DANNENBERG, 12 Plaintiff, 13 No. 1:20-cv-00128-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO COMPLY AND FAILURE TO PROSECUTE AND DIRECTING CLERK OF THE COURT TO RANDOMLY ASSIGN THIS MATTER TO A DISTRICT JUDGE FOR PURPOSES OF CLOSING THIS ACTION v. 14 BRANDON PRICE, et al., 15 Defendants. 16 (Doc. No. 12) 17 18 19 Eric Dannenberg (“Plaintiff”), a civil detainee, is appearing pro se and in forma pauperis 20 in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 21 States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On July 20, 2020, the operative complaint was screened by the magistrate judge and 23 found to contain at least one cognizable claim along with other claims that were not sufficiently 24 pled. (Doc. No. 10.) Plaintiff was given thirty (30) days to either amend his complaint or stand 25 on the cognizable claims. (Id. at 23–24.) Plaintiff was warned that failure to comply with the 26 court’s instructions would result in a recommendation that the case be dismissed for failure to 27 comply and failure to prosecute. (Id. at 25.) Plaintiff has yet to respond and the time within 28 which to do so has expired. 1 1 On September 1, 2020, the magistrate judge filed findings and recommendations 2 recommending that this action be dismissed for plaintiff’s failure to comply and failure to 3 prosecute. (Doc. No. 12.) The findings and recommendations were served on plaintiff and 4 contained notice that any objections to the findings and recommendations were to be filed 5 within thirty (3) days from the date of service. The period for filing objections has passed and 6 no objections have been filed. 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 8 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 9 and recommendations to be supported by the record and by proper analysis. 10 Accordingly, 11 1. ADOPTED IN FULL; 12 13 2. This action is DISMISSED for plaintiff’s failure to comply and failure to prosecute; and 14 15 The findings and recommendations, filed September 1, 2020 (Doc. No. 12), are 3. The Clerk of the Court is DIRECTED to randomly reassign this action to a district judge for the purposes of closing this matter. 16 17 18 19 IT IS SO ORDERED. Dated: October 13, 2020 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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