(PC) Parker v. Lynch

Filing 13

ORDER signed by District Judge Dale A. Drozd on 06/04/24 ADOPTING 12 Findings and Recommendations in full and DISMISSING this action, without prejudice, due to plaintiff's failure to prosecute. CASE CLOSED (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELVIN A. PARKER,

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No. 2:23-cv-00536-DAD-DB (PC)

Plaintiff,
v.

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

JEFF LYNCH,
Defendant.

(Doc. No. 12)
Plaintiff Melvin A. Parker is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 26, 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. 12.) In particular, on February 23, 2024, the magistrate judge

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screened plaintiff’s complaint, determined that plaintiff had failed to state a cognizable claim for

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relief, and gave plaintiff sixty (60) days from the date of service of that order to file a first

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amended complaint. (Doc. No. 9.) The court served the screening order on plaintiff by mail on

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February 23, 2024. To date, plaintiff has not filed an amended complaint or otherwise

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communicated with the court. Accordingly, the pending findings and recommendations were

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served on plaintiff and contained notice that any objections thereto were to be filed within
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fourteen (14) days after service. (Doc. No. 12 at 1.) To date, no objections to the findings and

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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 26, 2024 (Doc. No. 12) 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 4, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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