(PC) Fleming v. Pallares et al, No. 1:2020cv00779 - Document 11 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 10 Findings and Recommendations, signed by District Judge Dale A. Drozd on 05/03/2021. CASE CLOSED. (Maldonado, C)
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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 STARLENA FLEMING, 12 13 14 15 No. 1:20-cv-00779-DAD-JLT (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS M. PALLARES, et al. (Doc. No. 10) Defendants. 16 17 Plaintiff Starlena Fleming is a state prisoner appearing pro se in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 4, 2020, this case was transferred from the Northern District of California to this 21 district. (Doc. Nos. 4, 5). At the time of the transfer, plaintiff had not paid filing fee or submitted 22 an application to proceed in forma pauperis. 23 On January 15, 2021, the assigned magistrate judge issued an order requiring plaintiff to 24 pay the $400.00 filing fee or submit an application to proceed in forma pauperis pursuant to 28 25 U.S.C. § 1915 within forty-five (45) days. (Doc. No. 8.) Plaintiff failed to respond to the order. 26 On March 16, 2021, the assigned magistrate judge issued findings and recommendations, 27 recommending this action be dismissed due to plaintiff’s failure to respond to a court order and 28 failure to prosecute. (Doc. No. 10.) 1 1 These findings and recommendations were served on plaintiff and contained notice that 2 any objections thereto were to be filed within fourteen (14) days from the date of service. (Id. 3 at 10.) Plaintiff did not file any objections, and the time to do so has passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 5 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 6 and recommendations to be supported by the record and proper analysis. 7 Accordingly, 8 1. 9 10 adopted in full; 2. 11 12 13 14 The findings and recommendations issued on March 16, 2021 (Doc. No. 10) are This action is dismissed without prejudice due to plaintiff’s failure to prosecute and for failure to comply with a court order; and 3. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: May 3, 2021 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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