(PC) Vassar v. Unknown

Filing 10

ORDER ADOPTING 9 Findings and Recommendations to Dismiss Action, Without Prejudice, for Failure to Obey Court Order and Failure to Prosecute, signed by District Judge Jennifer L. Thurston on 05/06/2022. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT VASSAR, 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE Defendant. 13 14 No. 1:22-cv-0108 JLT BAM (PC) (Doc. 9) v. UNKNOWN, 15 16 17 The assigned magistrate judge directed Plaintiff to submit a completed application to 18 proceed in forma pauperis or pay the $402.00 filing fee to proceed with this action within 45 19 days. (Doc. 7 at 2.) In addition, the assigned magistrate judge struck the unsigned complaint and 20 directed Plaintiff to file a signed complaint or a notice of voluntary dismissal. (Id.) Plaintiff was 21 warned that failure to comply with the court’s order would result in dismissal of this action 22 without prejudice. (Id.) Plaintiff did not file a complaint or otherwise respond to the Court’s 23 order. 24 On April 4, 2022, the magistrate judge found Plaintiff failed to comply with the Court’s 25 order and failed to prosecute this action. (Doc. 9 at 2-3.) Therefore, the magistrate judge 26 recommended the action be dismissed without prejudice. (Id. at 3.) Those findings and 27 recommendations were served on Plaintiff. It contained notice that any objections were to be 28 filed within fourteen days. (Id.) No objections were filed, and the deadline to do so has now 1 1 2 passed. According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 3 case. Having carefully reviewed the entire file, the Court concludes the findings and 4 recommendations are supported by the record and by proper analysis. Based on the foregoing, the 5 Court ORDERS: 6 1. 7 The findings and recommendations issued on April 4, 2022 (Doc. 9), are adopted in full. 8 2. This action is DISMISSED without prejudice. 9 3. The Clerk of Court is directed to close this case. 10 11 12 IT IS SO ORDERED. Dated: May 6, 2022 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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