(PC) Smith v. Kim, et al., No. 1:2020cv00318 - Document 36 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 35 Findings and Recommendations in Full; ORDER DISMISSING This Case With Prejudice, for Failure to Obey Court Order and Failure to Prosecute; ORDER for Clerk to Close Case, signed by District Judge Jennifer L. Thurston on 6/12/2023. 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 DARRELL D. SMITH, 12 13 14 No. 1:20-cv-00318-JLT-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL vs. (Doc. 35.) RYAN KIM, et al., 16 ORDER DISMISSING THIS CASE WITH PREJUDICE, FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE 17 ORDER FOR CLERK TO CLOSE CASE 15 Defendants. 18 19 Plaintiff Darrell D. Smith is a former state prisoner proceeding pro se with this civil 20 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On May 8, 2023, findings and recommendations were entered, recommending that this 23 action be dismissed for Plaintiff’s failure to obey a court order and failure to prosecute. (Doc. 24 35.) Plaintiff was granted until May 26, 2023 in which to file objections to the findings and 25 recommendations. (Id.) The May 26, 2023 date has passed, and Plaintiff has not filed 26 objections, requested an extension of time, or otherwise responded to the findings and 27 recommendations. 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 1 1 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 2 the court finds the findings and recommendations to be supported by the record and proper 3 analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. 6 7 2023 (Doc. 35), are ADOPTED IN FULL. 2. 8 9 The findings and recommendations issued by the magistrate judge on May 8, This action is DISMISSED, with prejudice, for Plaintiff’s failure to obey a court order and failure to prosecute. 3. The Clerk of Court is directed to CLOSE THIS CASE. 10 11 12 IT IS SO ORDERED. Dated: June 12, 2023 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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