(PC) Shehee v. Perez, No. 1:2016cv01346 - Document 80 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 79 Findings and Recommendations Regarding Defendant's 78 Motion to Dismiss for Lack of Prosecution and Failure to Comply with Court Order signed by District Judge Anthony W. Ishii on 9/9/2020. CASE CLOSED.(Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANT’S MOTION TO DISMISS FOR LACK OF PROSECUTION AND FAILURE TO COMPLY WITH COURT ORDER Defendant. (ECF Nos. 78, 79) 13 v. 14 PEREZ, 15 Case No. 1:16-cv-01346-AWI-BAM (PC) 16 17 Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former civil detainee proceeding pro se in 18 19 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 10, 2020, the assigned Magistrate Judge issued findings and recommendations 21 22 recommending that Defendant’s motion to dismiss be granted, based on Plaintiff’s failure to 23 comply with a court order and failure to prosecute. (ECF No. 79.) Those findings and 24 recommendations were served on Plaintiff at his address of record and contained notice that any 25 objections thereto were to be filed within fourteen (14) days after service. (Id. at 6.) No 26 objections have been filed, and the deadline to do so has expired.1 27 28 On August 24, 2020, the findings and recommendations were returned as “Undeliverable, Return to Sender, Forward Time Expired, Deceased.” 1 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 3 findings and recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations issued on August 10, 2020, (ECF No. 79), are 6 adopted in full; 7 2. Defendant’s motion to dismiss, (ECF No. 78), is granted; 8 3. This action is dismissed, with prejudice, for failure to comply with a court order and 9 10 failure to prosecute; and 4. The Clerk of the Court is directed to close this case. 11 12 13 IT IS SO ORDERED. Dated: September 9, 2020 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2