(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC DANNENBERG,

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Plaintiff,

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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.

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BRANDON PRICE, et al.,

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Defendants.

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(Doc. No. 12)
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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.
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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.

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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.
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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.
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Accordingly,

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ADOPTED IN FULL;

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This action is DISMISSED for plaintiff’s failure to comply and failure to
prosecute; and

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The findings and recommendations, filed September 1, 2020 (Doc. No. 12), are

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The Clerk of the Court is DIRECTED to randomly reassign this action to a district
judge for the purposes of closing this matter.

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IT IS SO ORDERED.
Dated:

October 13, 2020
UNITED STATES DISTRICT JUDGE

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