(PC) Wieland v. Newsom, et al.,

Filing 7

ORDER signed by District Judge Dale A. Drozd on 6/5/24 ADOPTING in full 6 Findings and Recommendations and DISMISSING this action without prejudice, due to plaintiff's failure to prosecute this action. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER WIELAND,

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No. 2:23-cv-00257-DAD-CKD (PC)

Plaintiff,
v.
GAVIN NEWSOM, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION DUE TO PLAINTIFF’S FAILURE
TO PROSECUTE

Defendants.
(Doc. No. 6)

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Plaintiff Peter Wieland is a state prisoner proceeding with counsel in this action. This

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.

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On April 29, 2024, the assigned magistrate judge issued findings and recommendations

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recommending that this action be dismissed, without prejudice, due to plaintiff’s failure to

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prosecute this action. (Doc. No. 6.) In particular, on March 20, 2024, the undersigned adopted

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the July 27, 2023 findings and recommendations to the extent that they recommended dismissing

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plaintiff’s complaint, but granted plaintiff thirty days from the date of service of that order to file

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an amended complaint. (Doc. No. 5 at 3.) To date, plaintiff has not filed an amended complaint

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or otherwise communicated with the court. Accordingly, the pending findings and

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recommendations were served on plaintiff and contained notice that any objections thereto were
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to be filed within fourteen (14) days after service. (Doc. No. 6 at 1.) To date, no objections to the

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findings and recommendations have been filed, and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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findings and recommendations are supported by the record and by proper analysis.

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Accordingly:

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1.

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The findings and recommendations issued on April 29, 2024 (Doc. No. 6) are
adopted in full;

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2.

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This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute
this action; and

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3.

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IT IS SO ORDERED.

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Dated:

The Clerk of the Court is directed to close this case.

June 5, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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