(PC) Lewis v. United States of America et al, No. 1:2020cv00693 - Document 16 (E.D. Cal. 2020)
Court Description: ORDER ADOPTING 15 Findings and Recommendations In Part; ORDER DIRECTING Clerk to Appoint District Judge for Purpose of Closing Case; Plaintiffs amended complaint is dismissed with prejudice for failure to complywith a court order, signed by District Judge Dale A. Drozd on 12/7/2020. CASE CLOSED(Martin-Gill, S)
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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 DARWYN LEWIS, 12 13 14 15 No. 1:20-cv-00693-NONE-EPG Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART UNITED STATES OF AMERICA, et al., (Doc. No. 15) Defendants. ORDER DIRECTING CLERK TO APPOINT DISTRICT JUDGE FOR PURPOSE OF CLOSING CASE 16 17 18 19 Plaintiff, Darwyn Lewis (“plaintiff”), proceeding pro se and in forma pauperis, filed the 20 complaint initiating this action on May 18, 2020. (Doc. No. 1.) The matter was referred to a 21 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On October 16, 2020, the assigned magistrate judge screened the then-operative complaint 23 and found that it failed to state any cognizable claims. (Doc. No. 11.) Findings and 24 recommendations were issued recommending that “[t]his action be dismissed with prejudice for 25 failure to state a claim and failure to comply with a court order”; and “[t]he Clerk of Court be 26 directed to close this case.” (Doc No. 15 at 10.) 27 Plaintiff was provided an opportunity to file objections to the findings and 28 recommendations. The deadline to file objections has passed, and plaintiff has not filed 1 1 2 objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 3 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 court finds it appropriate to adopt the findings and recommendations to the extent that they 5 dismiss for failure to comply with a court order. The court therefore finds it unnecessary to 6 address the alternative recommendation that the case be dismissed for failure to state a claim. 7 Accordingly, THE COURT HEREBY ORDERS that: 8 1. ADOPTED IN PART; 9 10 2. 3. 15 16 The Clerk of Court is directed to appoint a district judge for the purpose of closing this case and CLOSE this case. 13 14 Plaintiff’s amended complaint is dismissed with prejudice for failure to comply with a court order; and 11 12 The findings and recommendations issued on October 16, 2020, (Doc. No. 15) are IT IS SO ORDERED. Dated: December 7, 2020 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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