(PC) Boyce v. Valley State Prison et al, No. 1:2020cv00026 - Document 8 (E.D. Cal. 2020)
Court Description: ORDER ADOPTING 7 Findings and Recommendations and Dismissing Action Due to Plaintiff's Failure to Comply With a Court Order and Failure to Prosecute, signed by District Judge Dale A. Drozd on 4/27/2020. CASE CLOSED. (Marrujo, C)
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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 LARRY EUGENE BOYCE, 12 Plaintiff, 13 14 No. 1:20-cv-00026-DAD-GSA (PC) v. VALLEY STATE PRISON, et al., 15 Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO COMPLY WITH A COURT ORDER AND FAILURE TO PROSECUTE (Doc. No. 7) 17 18 19 Plaintiff Larry Eugene Boyce is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 21 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 The complaint commencing this action was originally filed by fifteen plaintiffs on 23 December 26, 2019. See Gann v. Valley State Prison, 1:19-cv-01797-DAD-GSA, (Doc. No. 1). 24 Thereafter, on January 7, 2020, the assigned magistrate judge issued an order severing the fifteen 25 plaintiffs’ claims and opened this new case for plaintiff Boyce. (Doc. No. 1.) The January 7, 26 2020 order also directed plaintiff to file an amended complaint and a motion to proceed in forma 27 pauperis in this case within thirty (30) days from the date of service. (Id. at 4–5.) The thirty-day 28 ///// 1 1 deadline passed, and plaintiff failed to file an amended complaint, file an application to proceed 2 in forma pauperis, or pay the required filing fee. 3 Therefore, on March 20, 2020, the magistrate judge issued the pending findings and 4 recommendations, recommending dismissal of this action, without prejudice, due to plaintiff’s 5 failure to obey a court order and failure to prosecute this action. (Doc. No. 7.) The pending 6 findings and recommendations were served on plaintiff and contained notice that any objections 7 thereto were to be filed within fourteen (14) days after service. (Id. at 3.) To date, no objections 8 have been filed, and the time in which to do so has now passed. 9 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 10 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 11 findings and recommendations are supported by the record and by proper analysis. 12 Accordingly, 13 1. 14 15 full; 2. 16 17 18 19 20 The March 20, 2020 findings and recommendations (Doc No. 7) are adopted in This action is dismissed, without prejudice, due to plaintiff’s failure to obey a court order and failure to prosecute; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: April 27, 2020 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2
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