(PC) Popovich v. Igbinosa et al, No. 1:2019cv01758 - Document 16 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 15 Findings and Recommendations; ORDERED that this action be DISMISSED,without prejudice, for Plaintiffs failure to prosecute, signed by District Judge Anthony W. Ishii on 03/1/2021. CASE CLOSED(Martin-Gill, S)

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(PC) Popovich v. Igbinosa et al Doc. 16 Case 1:19-cv-01758-AWI-GSA Document 16 Filed 03/01/21 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 FRANK POPOVICH, 9 Plaintiff, 10 v. 11 12 IGBINOSA, et al., 13 No. 1:19-cv-01758-AWI-GSA (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL, AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; AND ORDER FOR CLERK TO CLOSE CASE (Doc. No. 15) Defendants. 14 15 Plaintiff Frank Popovich is a state prisoner proceeding pro se and in forma pauperis with 16 this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local 18 Rule 302. 19 On February 1, 2021, findings and recommendations were entered, recommending that 20 this action be dismissed for Plaintiff’s failure to prosecute. Doc. No. 15. Plaintiff was granted 21 fourteen days in which to file objections to the findings and recommendations. The fourteen-day 22 time period has passed, and Plaintiff has not filed objections or otherwise responded to the 23 findings and recommendations.1 24 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Eastern District of 25 1 26 27 28 On February 19, 2021, the United States Postal Service returned as undeliverable the findings and recommendations order that was mailed to Plaintiff. See Popovich v. Igbinosa, No. 1:19-cv-01758-AWI-GSA (E.D. Cal.) (docket). A notation on the envelope indicates “Return to Sender, Unclaimed, Unable to Forward.” Id. 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. Eastern District of California Local Rule 182(f). 1 Dockets.Justia.com Case 1:19-cv-01758-AWI-GSA Document 16 Filed 03/01/21 Page 2 of 2 1 California Local Rule 304, this Court has conducted a de novo review of this case. Having 2 carefully reviewed the entire file, the Court concludes that the findings and recommendations are 3 supported by the record and proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 The findings and recommendations issued by the magistrate judge on February 1, 2021 (Doc. No. 15), are ADOPTED in full; 7 2. 8 This action is DISMISSED, without prejudice, for Plaintiff’s failure to prosecute; and 9 3. The Clerk of Court is directed to CLOSE this case. 10 11 12 IT IS SO ORDERED. Dated: March 1, 2021 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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