(PC) Franklin v. Tate et al, No. 1:2019cv01170 - Document 42 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 41 Findings and Recommendations, GRANTING 40 Defendant's Motion to Dismiss, and Directing Clerk of Court to Terminate Action, signed by District Judge Anthony W. Ishii on 08/10/2021. CASE CLOSED. (Maldonado, C)

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(PC) Franklin v. Tate et al Doc. 42 Case 1:19-cv-01170-AWI-SAB Document 42 Filed 08/10/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY FRANKLIN, Plaintiff, 12 v. 13 14 HAROLD TATE, et al., Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) Case No. 1:19-cv-01170-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANT’S MOTION TO DISMISS, AND DIRECTING CLERK OF COURT TO TERMINATE ACTION (Doc. Nos. 40, 41) Plaintiff Jeffrey Franklin is appearing pro se and in forma pauperis in this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 15, 2021, the Magistrate Judge issued a Findings and Recommendation 20 21 recommending that Defendant’s motion to dismiss the action be granted. (Doc. No. 41.) The Findings 22 and Recommendation was served on the parties and contained notice that objections were due within 23 fourteen (14) days. (Id.) Plaintiff did not file objections and the time to do so has passed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com Case 1:19-cv-01170-AWI-SAB Document 42 Filed 08/10/21 Page 2 of 2 1 Based on the foregoing, it is HEREBY ORDERED that: 2 1. The Findings and Recommendations filed on July 15, 2021, is adopted in full; and 3 2. Defendant’s motion to dismiss the action filed on June 7, 2021 (Doc. No. 40) is granted; and 4 5 6 3. The action is dismissed with prejudice for Plaintiff’s failure to comply with his discovery obligations and orders of the Court. 7 8 IT IS SO ORDERED. 9 Dated: August 10, 2021 10 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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