(PC)Cobbs v. Kern County et al

Filing 13

ORDER ADOPTING 12 Findings and Recommendations to Dismiss Action for Plaintiff's Failure to Obey a Court Order and Failure to Prosecute, signed by District Judge Kirk E. Sherriff on 1/3/2025. CASE CLOSED. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEANARD COBBS, JR.,

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Plaintiff,

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v.
KERN COUNTY, et al.,
Defendants.

Case No.: 1: 23-cv-00360-KES-CDB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS ACTION
FOR PLAINTIFF’S FAILURE TO OBEY A
COURT ORDER AND FAILURE TO
PROSECUTE
Doc. 12

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Plaintiff Leanard Cobbs Jr. is proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. Docs. 1, 7. 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 November 5, 2024, the assigned magistrate judge screened plaintiff’s complaint and
found that it failed to state a claim upon which relief could be granted. Doc. 10 at 13. In the
screening order, the magistrate judge provided plaintiff the option to either: (1) file an amended
complaint curing the deficiencies identified by the Court in its order, or (2) file a notice of
voluntary dismissal within twenty-one days. Id. at 14. The magistrate judge also expressly
warned plaintiff that failure to comply with the order would result in the recommendation that the
action be dismissed. Id. Plaintiff failed to file an amended complaint or notice of voluntary
dismissal. See Docket.

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On December 4, 2024, the assigned magistrate judge recommended this action be

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dismissed for plaintiff’s failure to obey a court order and failure to prosecute. Doc. 12. The

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findings and recommendations were served on plaintiff and contained notice that any objections

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thereto were to be filed within fourteen days of service. Id. at 4. Plaintiff did not file any

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objections, and the deadline to do so has passed. Nor has plaintiff otherwise communicated with

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the Court to date.

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In accordance with 28 U.S.C. § 636(b)(1), this Court conducted a de novo review of this

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case. Having carefully reviewed the file, the Court concludes that the findings and

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recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations issued on December 4, 2024, Doc. 12, are adopted in
full;
2. This action is dismissed, without prejudice, for failure to prosecute and failure to obey a
court order; and
3. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

January 3, 2025
UNITED STATES DISTRICT JUDGE

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