(PC) Pineda-Portillo vs. Six Unknown Names Agents, et al., No. 1:2007cv01201 - Document 5 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 4 ; ORDER Dismissing Action signed by District Judge Lawrence J. O'Neill on 2/3/2008. CASE CLOSED.(Esteves, C)

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(PC) Pineda-Portillo vs. Six Unknown Names Agents, et al. Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HECTOR DAMIEN PINEDA-PORTILLO, 12 1:07-cv-01201-LJO-DLB-P ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 4) Plaintiff, 13 vs. 14 SIX UNKNOWN NAMES AGENTS, ORDER DISMISSING ACTION 15 Defendants. / 16 17 Plaintiff, Hector Damien Pineda-Portillo (“plaintiff”), is a 18 federal prisoner proceeding pro se in this civil rights action 19 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau 20 of Narcotics, 403 U.S. 388 (1971). 21 United States Magistrate Judge pursuant to 28 U.S.C. 22 § 636(b)(1)(B) and Local Rule 72-302. 23 The matter was referred to a On November 26, 2007, the Magistrate Judge filed Findings 24 and Recommendations herein which were served on plaintiff and 25 which contained notice to plaintiff that any objections to the 26 Findings and Recommendations were to be filed within twenty (20) 27 days. 28 Magistrate Judge’s Findings and Recommendations. To date, plaintiff has not filed objections to the 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. 2 § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a 3 de novo review of this case. 4 entire file, the Court finds the Findings and Recommendations to 5 be supported by the record and by proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. 8 Having carefully reviewed the The Findings and Recommendations, filed November 26, 2007, are ADOPTED IN FULL; and, 9 2. This action is DISMISSED, without prejudice, based on 10 plaintiff’s failure to obey the court’s order of September 6, 11 2007, and failure to prosecute. 12 IT IS SO ORDERED. 13 Dated: b9ed48 February 3, 2008 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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