(PC) Roberts v. Kern Valley State Prison et al, No. 1:2020cv00670 - Document 31 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 27 Findings and Recommendations, signed by District Judge Dale A. Drozd on 07/30/2021. CASE CLOSED. (Maldonado, C)
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(PC) Roberts v. Kern Valley State Prison et al Doc. 31 Case 1:20-cv-00670-DAD-HBK Document 31 Filed 08/02/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL NATHANIEL ROBERTS, 12 13 14 15 16 Plaintiff, No. 1:20-cv-670-NONE-HBK ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. No. 27) KERN VALLEY STATE PRISON, ET. AL., Defendants. 17 Plaintiff Daniel Nathaniel Roberts, a prisoner who is proceeding pro se, initiated this 18 action by filing a civil rights complaint under 42 U.S.C. § 1983 on April 20, 2020. (Doc. No. 1.) 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. 21 On March 10, 2021, the magistrate judge filed findings and recommendations, which were 22 served on plaintiff and contained notice that objections to the findings and recommendations were 23 to be filed within thirty days. (Doc. No. 27.) The findings and recommendations noted among 24 other things that plaintiff has not complied with the court’s February 5, 2021 court-imposed 25 deadline to show cause why the action should not be dismissed for failure to prosecute and/or to 26 file a first amended complaint. (Id. at 1-2.) Since issuing the March 10, 2021 findings and 27 recommendations, the magistrate judge twice extended plaintiff’s deadline to file objections. 28 Dockets.Justia.com Case 1:20-cv-00670-DAD-HBK Document 31 Filed 08/02/21 Page 2 of 2 1 (Doc. Nos. 28, 30.) Plaintiff did not file any objections by the July 17, 2021 deadline. (See 2 docket.) 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 4 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 5 and recommendations to be supported by the record and by proper analysis. 6 ACCORDINGLY, it is ORDERED: 7 1. The findings and recommendations, filed on March 10, 2021 (Doc. No. 27), are 8 9 10 11 12 adopted in full; 2. The case is dismissed without prejudice for failure to prosecute and failure to obey a court order. 2. The Clerk of Court is directed to assign a district court to this case for the purposes of closure and then to close this case. 13 14 15 IT IS SO ORDERED. Dated: July 30, 2021 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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