(PC) Hunt v. Diaz et al, No. 1:2019cv00504 - Document 71 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 70 Findings and Recommendations and DISMISSING Action Due to Plaintiff's Failure to Prosecute, signed by District Judge Dale A. Drozd on 12/6/2021. CASE CLOSED. (Rivera, O)

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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 MARK HUNT, 12 Plaintiff, 13 v. 14 D. DIAZ, et al., 15 No. 1:19-cv-00504-DAD-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PROSECUTE Defendants. (Doc. No. 70) 16 17 Plaintiff Mark Hunt is a prisoner proceeding pro se and in forma pauperis with this civil 18 rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 2, 2021, the assigned magistrate judge issued the pending findings and 21 recommendations recommending dismissal of this action, without prejudice, due to plaintiff’s 22 failure to prosecute. (Doc. No. 70.) Those pending findings and recommendations were served 23 on the parties and contained notice that any objections thereto were to be filed within fourteen 24 (14) days after service. (Id. at 5.) To date, no objections have been filed and the time in which to 25 do so has now passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 28 and recommendations to be supported by the record and by proper analysis. 1 1 Accordingly: 2 1. 3 4 adopted in full; 2. 5 6 7 8 The findings and recommendations issued on November 2, 2021 (Doc. No. 70) are This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute this action; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: December 6, 2021 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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