(PC) Garcia v. Baniga et al, No. 1:2019cv01258 - Document 26 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 25 Findings and Recommendations in Full, DISMISSING Action, and DENYING Pending Motions signed by District Judge Anthony W. Ishii on 12/2/2020. CASE CLOSED. (Sant Agata, S)

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(PC) Garcia v. Baniga et al Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE GARCIA, 12 13 14 15 Plaintiff, v. 1:19-cv-01258-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL, DISMISSING ACTION, AND DENYING PENDING MOTIONS U. BANIGA, M.D., et al., Defendants. (ECF Nos. 23, 25.) 16 17 Jose Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 18 this civil rights action 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 September 25, 2020, findings and recommendations were entered, recommending that 21 this action be dismissed for Plaintiff’s failure to comply with the court’s order of August 17, 22 2020. (ECF No. 25.) Plaintiff was granted fourteen days in which to file objections to the 23 findings and recommendations. The fourteen-day time period has passed, and Plaintiff has not 24 filed objections or otherwise responded to the findings and recommendations.1 25 26 1 27 28 The United States Postal Service returned the findings and recommendations on October 7, 2020, as “Undeliverable, Return to Sender, Not Deliverable.” (Court Record.) However, Plaintiff has not notified the Court of any change in his address. Absent such notice, service at a party’s prior address is fully effective. Local Rule 182(f). 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. September 25, 2020 (Doc. No. 25), are adopted in full; 6 7 The Findings and Recommendations issued by the Magistrate Judge on 2. This action is dismissed, without prejudice, for Plaintiff’s failure to comply with the court’s order; 8 9 3. All pending motions (Doc. No. 23) are denied as moot; and 10 4. The Clerk of Court is directed to close this case. 11 12 IT IS SO ORDERED. 13 Dated: December 2, 2020 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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