(PC) Ricks v. Davis, No. 1:2018cv01022 - Document 23 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 21 Findings and Recommendations and ORDER DISMISSING ACTION Due to Plaintiff's Failure to Prosecute and Obey a Court Order signed by District Judge Dale A. Drozd on 4/7/2020. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT K. RICKS, 12 Plaintiff, 13 14 v. C. DAVIS, 15 No. 1:18-cv-01022-DAD-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION (Doc. No. 21) Defendant. 16 17 Plaintiff Scott K. Ricks is a former state prisoner proceeding pro se in this civil rights 18 action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 23, 2019, the assigned magistrate judge ordered plaintiff to show cause in 20 21 writing, within 21 days, why this action should not be dismissed due to his failure to prosecute 22 this action. (Doc. No. 18.) Plaintiff failed to respond to that order. Accordingly, on December 3, 23 2019, the magistrate judge filed the pending findings and recommendations, recommending that 24 this action be dismissed due to plaintiff’s failure to prosecute this action and obey a court order. 25 (Doc. No. 21.) The findings and recommendations were served on plaintiff and contained notice 26 that any objections thereto were to be filed within 14 days of service. (Id. at 2.) Plaintiff has not 27 filed objections to those findings and recommendations and the time do so has since passed. 28 ///// 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 findings 3 and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. 6 7 in full; 2. 8 9 10 11 12 The December 3, 2019 findings and recommendations (Doc. No. 21) are adopted This action is dismissed due to plaintiff’s failure to prosecute this action and obey a court order; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: April 7, 2020 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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