(PC) Quang v. Alamosa et al

Filing 21

ORDER signed by District Judge Dale A. Drozd on 05/07/2024 ADOPTING 20 Findings and Recommendations in full. This action is DISMISSED, without prejudice. CASE CLOSED. (Nair, 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 THANH QUANG, 12 13 14 15 No. 2:22-cv-01704-DAD-DMC (PC) Plaintiff, v. S. ALAMOSA, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (Doc. No. 20) 16 17 Plaintiff Thanh Quang is a state prisoner appearing pro se and in forma pauperis in this 18 civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 7, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending this action be dismissed, without prejudice, due to plaintiff’s failure to comply 22 with a court order and failure to prosecute this action. (Doc. No. 20.) Specifically, plaintiff has 23 failed to comply with the court’s order dated January 25, 2024, in which plaintiff’s first amended 24 complaint was dismissed and plaintiff was directed to file a second amended complaint within 25 thirty days. (Doc. No. 19.) 26 The pending findings and recommendations were served on plaintiff and contained notice 27 that any objections thereto were to be filed within fourteen (14) days after service. (Doc. No. 20 28 at 2.) To date, no objections have been filed, and the time in which to do so has passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly: 5 1. 6 adopted in full; 7 2. 8 This action is dismissed, without prejudice, due to plaintiff’s failure to comply with a court order and failure to prosecute this action; and 9 3. 10 11 The findings and recommendations issued on March 7, 2024 (Doc. No. 20) are The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: May 7, 2024 DALE A. DROZD UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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