(PC) Weaver v. Lopez et al, No. 1:2020cv00699 - Document 12 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 11 Findings and Recommendations signed by District Judge Ana de Alba on 05/30/2023. CASE CLOSED. (Flores, E)
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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 ADARYLL WEAVER, 12 13 14 15 Plaintiff, No. 1:20-cv-00699-ADA-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION v. (ECF No. 11) SHERRY LOPEZ, et al. Defendants. 16 17 Plaintiff Adaryll Weaver (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 10, 2023, the Magistrate Judge filed a findings and recommendations, 21 recommending dismissal of the instant action for Plaintiff’s failure to prosecute and comply with a 22 court order. (ECF No. 11.) Specifically, the Magistrate Judge screened Plaintiff’s Complaint and 23 found that it failed to state a cognizable claim. (ECF No. 9.) Plaintiff was given three options to 24 exercise within twenty-one days from receipt of the March 2, 2023 Screening Order: (1) file a First 25 Amended Complaint; (2) file a notice that he intends to stand on his initial complaint subject to the 26 Magistrate Judge recommending the action’s dismissal by the District Judge for the reasons stated 27 in the March 2, 2023 Screening Order; or (3) file a notice to voluntarily dismiss the action. (Id.) 28 Plaintiff did not exercise any of the three options, and on April 10, 2023, the Magistrate Judge 1 issued Findings and Recommendations, recommending the instant action be dismissed. (ECF No. 2 11.) The April 10, 2023, findings and recommendations were served on Plaintiff and contained 3 notice that objections to the findings and recommendations were to be filed within fourteen days. 4 (Id. at 5.) Plaintiff failed to file any objections, and the time to do so has expired. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 6 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 7 and recommendations to be supported by the record and by proper analysis. 8 Accordingly, 9 1. The findings and recommendation, filed on April 10, 2023, (ECF No. 11), is adopted in 10 11 full; and 2. The Clerk of Court shall terminate any pending motions, close this case, and enter 12 judgment against Plaintiff. 13 14 15 16 IT IS SO ORDERED. Dated: May 30, 2023 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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