(PC)Moore, Jr. v. Hunt et al

Filing 8

ORDER ADOPTING 7 Findings and Recommendations; ORDER DISMISSING Action; ORDER for Clerk to Assign a District Judge to This Case for the Purpose of Closing the Case and Then to Close This Case (new case number 1:20-cv-1020-DAD-EPG), signed by District Judge Dale A. Drozd on 1/7/2021. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EZELL MOORE, JR., 12 13 14 15 16 17 18 Plaintiff, No. 1:20-cv-01020-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. No. 7) HUNT, et al., ORDER DISMISSING ACTION Defendants. ORDER FOR CLERK TO ASSIGN A DISTRICT JUDGE TO THIS CASE FOR THE PURPOSE OF CLOSING THE CASE AND THEN TO CLOSE THIS CASE Ezell Moore, Jr. (“plaintiff”), is a prisoner proceeding pro se in this civil rights action 19 filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 25, 2020, the assigned magistrate judge entered findings and 22 recommendations, recommending that “[t]his case be dismissed, without prejudice, because of 23 Plaintiff’s failure to prosecute this case and failure to comply with a court order,” and that “[t]he 24 Clerk of Court be directed to close this case.” (Doc. No. 7 a 3.)1 25 Plaintiff was provided an opportunity to file objections to the findings and 26 recommendations. The deadline to file objections has passed, and plaintiff has not filed 27 28 1 The copy of the findings and recommendations and an order regarding consent to magistrate judge jurisdiction that were mailed to plaintiff were returned as undeliverable. Plaintiff’s sixty-three-day deadline to update his address (Local Rule 183(b)) has passed, and plaintiff has not filed a notice of change of address. 1 1 2 objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 3 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 court finds the findings and recommendations to be supported by the record and proper analysis. 5 Accordingly, 6 1. 7 8 are adopted in full; 2. 9 10 13 This case is dismissed, without prejudice, because of plaintiff’s failure to prosecute this case and failure to comply with a court order; and 3. 11 12 The findings and recommendations issued on September 25, 2020, (Doc. No. 7), The Clerk of Court is directed to assign a district judge to this case for the purpose of closing the case and then to close this case. IT IS SO ORDERED. Dated: January 7, 2021 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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