(PC) Springfield v. CDCR et al

Filing 14

ORDER signed by District Judge Dale A. Drozd on 5/17/2023 ADOPTING 13 Findings and Recommendations in full. This action is DISMISSED, without prejudice, due to plaintiff's failure to prosecute this action and failure to comply with the court's orders. CASE CLOSED. (Perdue, 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 CIRON B. SPRINGFIELD, 12 Plaintiff, 13 14 15 v. No. 2:22-cv-00444-DAD-DMC (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION CDCR, et al., Defendants. (Doc. No. 13) 16 17 Plaintiff Ciron B. Springfield is a state prisoner proceeding pro se in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 6, 2022, court denied plaintiff’s motion to proceed in forma pauperis and 21 ordered plaintiff to pay the required $402.00 filing fee in order to proceed with this action. (Doc. 22 No. 7.) Plaintiff was warned in the order that his failure to pay the filing fee in full would result 23 in the dismissal of this action without prejudice. (Id. at 2.) Despite receiving a 30-day extension 24 of time in which to comply with the court’s order (see Doc. No. 12), to date, plaintiff has not paid 25 the required filing fee or otherwise communicated with the court. 26 Accordingly, on February 15, 2023, the assigned magistrate judge issued findings and 27 recommendations recommending that this action be dismissed, without prejudice, due to 28 plaintiff’s failure to prosecute this action and failure to comply with court orders. (Doc. No. 13.) 1 1 The pending findings and recommendations were served on plaintiff and contained notice that 2 any objections thereto were to be filed within fourteen (14) days after service. (Id. at 2.) To date, 3 no objections to the findings and recommendations have been filed, and the time in which to do 4 so has now passed. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 6 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 7 findings and recommendations are supported by the record and by proper analysis. 8 Accordingly: 9 1. 10 The findings and recommendations issued on February 15, 2023 (Doc. No. 13) are adopted in full; 11 2. This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute this action and failure to comply with the court’s orders; and 12 13 3. 14 IT IS SO ORDERED. 15 Dated: The Clerk of the Court is directed to close this case. May 17, 2023 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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