Horne v. G4S Security, No. 1:2019cv01210 - Document 6 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 5 Findings and Recommendations and DENYING Plaintiff's 2 4 Motions to Proceed IFP and DISMISSING Action for Failure to Comply and Failure to Prosecute, signed by Chief Judge Lawrence J. O'Neill on 11/27/19. CASE CLOSED. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HORNE, Plaintiff, 12 13 v. 14 G4S SECURITY, 15 Case No. 1:19-cv-01210-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING ACTION FOR FAILURE TO COMPLY AND FAILURE TO PROSECUTE Defendant. (ECF Nos. 2, 4, 5) 16 17 On September 3, 2019, Michael Horne (“Plaintiff”) filed an unsigned complaint and an 18 application to proceed in forma pauperis in this action. The matters were referred to a United 19 States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 5, 2019, the magistrate judge issued an order striking Plaintiff’s unsigned 21 complaint and requiring him to file a signed complaint and a long form application to proceed 22 without prepayment of fees in this action within thirty days. On September 17, 2019, Plaintiff 23 filed a long form application to proceed without prepayment of fees. However, Plaintiff did not 24 file a signed complaint. 25 On October 11, 2019, findings and recommendations issued recommending dismissing 26 the matter for failure to prosecute and failure to obey a court order and denying Plaintiff’s 27 motion to proceed in forma pauperis in this action. The findings and recommendations was 28 served on Plaintiff and contained notice that any objections to the findings and recommendations 1 1 were to be filed within fourteen days from the date of service. The period for filing objections 2 has passed and no objections have been filed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 4 de novo review of this case. Having carefully reviewed the entire file, the court finds the 5 findings and recommendations to be supported by the record and by proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations, filed October 11, 2019, is ADOPTED IN FULL; 8 9 2. Plaintiff’s applications to proceed in forma pauperis in this action are DENIED; 10 3. This action is DISMISSED for Plaintiff’s failure to comply and failure to prosecute; and 11 12 4. The Clerk of the Court is DIRECTED to close this matter. 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 27, 2019 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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