Holland v. Shuyler, 1:16-cv-01271-DAD-GSA (PC). (2019)
Court: District Court, E.D. California
Number: infdco20191024882
Visitors: 12
Filed: Oct. 22, 2019
Latest Update: Oct. 22, 2019
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO COMPLY WITH A COURT ORDER (Doc. No. 30) DALE A. DROZD , District Judge . Plaintiff Everett Holland is a state prisoner proceeding pro se and in forma pauperis with this civil rights action brought pursuant to 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 12, 2019, the assigned magistrate judge issued amended
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO COMPLY WITH A COURT ORDER (Doc. No. 30) DALE A. DROZD , District Judge . Plaintiff Everett Holland is a state prisoner proceeding pro se and in forma pauperis with this civil rights action brought pursuant to 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 12, 2019, the assigned magistrate judge issued amended ..
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO COMPLY WITH A COURT ORDER
(Doc. No. 30)
DALE A. DROZD, District Judge.
Plaintiff Everett Holland is a state prisoner proceeding pro se and in forma pauperis with this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 12, 2019, the assigned magistrate judge issued amended findings and recommendations, recommending that this action be dismissed with prejudice due to plaintiff's failure to obey a court order.1 (Doc. No. 30.) The findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 2-3.) Plaintiff has failed to file objections to the pending findings and recommendations and the deadline to do so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has conducted a de novo review of this case. Having carefully reviewed the entire file, the undersigned concludes that the findings and recommendations are supported by the record and proper analysis.
Accordingly,
1. The findings and recommendations filed on August 12, 2019 (Doc. No. 30) are adopted in full;
2. This action is dismissed due to plaintiff's failure to obey a court order;
3. The court declines to adopt the findings and recommendations filed on July 8, 2019 (Doc. No. 28) because they have been rendered moot by the issuance of the amended findings and recommendations on August 12, 2019; and
4. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
FootNotes
1. Earlier findings and recommendations, issued on July 7, 2019, are also pending on the docket. (See Doc. No. 28.) However, those "findings and recommendations were amended [on August 12, 2019] to reflect that this case should be dismissed based on Plaintiff's failure to comply with a court order, not on Plaintiff's failure to state a claim." (Doc. No. 30 at 1 n.1.) Accordingly, the undersigned declines to adopt the July 7, 2019 findings and recommendations because they have been rendered moot by the issuance of the August 12, 2019 amended findings and recommendations.
Source: Leagle
