(PC) Micenheimer v. Kern Valley State Prison, No. 1:2019cv00115 - Document 32 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 31 Findings and Recommendations and Dismissing Action, signed by District Judge Dale A. Drozd on 04/18/2021 CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CORY DWAYNE MICENHEIMER, 12 Plaintiff, 13 14 No. 19-cv-00115-DAD-GSA (PC) v. KERN VALLEY STATE PRISON, et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION (Doc. No. 31) 16 17 Plaintiff Cory Dwayne Micenheimer is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 25, 2021, the assigned magistrate judge issued findings and 21 22 recommendations, recommending that this action be dismissed due to plaintiff’s failure to 23 prosecute, failure to comply with a court order, and failure to state a claim upon which relief can 24 be granted. (Doc. No. 31.) The findings and recommendations were served on plaintiff by mail 25 at his address of record and contained notice that any objections thereto were to be filed within 26 fourteen (14) days from the date of service. (Id. at 2.) To date, no objections to the findings and 27 recommendations have been filed with the court, and the time in which to do so has now passed. 28 ///// 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 the case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 7 adopted in full; 2. 8 9 10 11 12 The findings and recommendations issued on February 25, 2021 (Doc. No. 31) are This action is dismissed due to plaintiff’s failure to prosecute, failure to obey court orders, and failure to state a claim; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: April 18, 2021 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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