Kekaula v. Luera et al, No. 1:2008cv00282 - Document 16 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Oliver W. Wanger on 2/9/2009 ADOPTING 15 Findings and Recommendations and DISMISSING action. CASE CLOSED. (Lundstrom, T)

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Kekaula v. Luera et al Doc. 16 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 KWAME NKUMAH KEKAULA, 8 Plaintiff, 9 v. 10 JOEL LUERA, et al., 11 Defendants. 12 13 ) ) ) ) ) ) ) ) ) ) Case No. 08-cv-00282 OWW TAG ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 15) ORDER DISMISSING ACTION AND DIRECTING CLERK OF COURT TO CLOSE CASE Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action for 14 damages and other relief concerning alleged civil rights violations arising out of a residential search 15 and Plaintiff’s subsequent criminal conviction. (Doc. 1.) The matter was referred to the Magistrate 16 Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. 17 On November 4, 2008, the Magistrate Judge screened Plaintiff’s complaint for sufficiency 18 pursuant to 28 U.S.C. § 1915, found that it failed to state a claim, and issued an order dismissing the 19 complaint with 30 days’ leave to file an amended complaint. (Doc. 14). The order also warned 20 Plaintiff that “failure to file an amended complaint will result in a recommendation to dismiss this 21 action. Local Rule 11-110.” (Doc. 14, p. 10). The order was served on Plaintiff on November 4, 22 2008 . Plaintiff did not file an amended complaint. (See docket sheet generally.) 23 On December 30, 2008, the Magistrate Judge issued findings and recommendations 24 recommending that this action be dismissed without leave to amend, because Plaintiff failed to file 25 an amended complaint and failed to prosecute this action. (Doc. 15). The findings and 26 recommendations were served on Plaintiff on December 30, 2008, and contained notice that any 27 objections were to filed within ten days from the date of service. (Id.). To date, no objections have 28 1 Dockets.Justia.com 1 2 been filed. (See docket sheet generally.) In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 3 de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 4 Magistrate Judge’s findings and recommendations are supported by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations issued on December 30, 2008 (Doc. 15), are 7 8 9 10 ADOPTED IN FULL; and 2. This action is DISMISSED with prejudice, for Plaintiff’s failure to comply with a Court order and failure to prosecute; and 3. The Clerk of Court is DIRECTED to close this case. 11 12 13 IT IS SO ORDERED. 14 Dated: February 9, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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