(PC) McElroy v. Gomez et al, No. 1:2020cv00658 - Document 36 (E.D. Cal. 2020)
Court Description: ORDER ADOPTING 35 Findings and Recommendations, signed by District Judge Dale A. Drozd on 12/10/2020. CASE CLOSED. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LATWAHN MCELROY, 12 Plaintiff, 13 v. 14 GOMEZ, et al., 15 Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) No.: 1:20-cv-00658-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 35) Plaintiff Latwahn McElroy is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 9, 2020, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed due to plaintiff’s failure to comply with a court order, 22 failure to prosecute, and failure to state a cognizable claim for relief. (Doc. No. 35.) The findings and 23 recommendations were served on plaintiff and contained notice that any objections were to be filed 24 within fourteen (14) days after service. (Id. at 22.) No objections have been filed, and the deadline to 25 do so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the court finds the findings and 28 recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, 2 1. The findings and recommendations issued on November 9, 2020, (Doc. No. 35), are adopted in full; 3 4 2. The instant action is dismissed for failure to comply with a court order, failure to prosecute, and failure to state a cognizable claim for relief; and 5 6 3. The Clerk of Court shall assign a district judge to the case for the purposes of closure and 7 then terminate this action. 8 9 10 11 IT IS SO ORDERED. Dated: December 10, 2020 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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