(PC) Bell v. CDCR et al, No. 1:2021cv00121 - Document 11 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 10 Findings and Recommendations Recommending that this Action be Dismissed without Prejudice signed by District Judge Dale A. Drozd on 04/09/2021. CASE CLOSED. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONTE BELL, 12 Plaintiff, 13 14 15 No. 1:21-cv-00121-NONE-EPG (PC) v. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., 16 Defendants. 17 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE (Doc. No. 10) ORDER FOR CLERK OF COURT TO ASSIGN DISTRICT JUDGE FOR PURPOSE OF CLOSING THIS CASE AND TO CLOSE THIS CASE 18 Plaintiff Leonte Bill is a state inmate or former state inmate proceeding pro se and in 19 20 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 21 plaintiff’s complaint against defendant California Department of Corrections & Rehabilitation 22 and various prison officials in connection with plaintiff’s missing property. This matter was 23 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 24 302. 25 On March 12, 2021, the assigned magistrate judge issued findings and recommendations 26 recommending that plaintiff’s complaint be dismissed without prejudice for failure to prosecute 27 and failure to comply with a court order. (Doc. No. 10.) Those findings and recommendations 28 were served on the plaintiff and contained notice that any objections thereto were to be filed 1 1 within fourteen (14) days after service. (Id. at 2-3.) No objections have been filed, and the 2 deadline to do so has expired. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 5 magistrate judge’s findings and recommendations are supported by the record and by proper 6 analysis. 7 8 9 10 11 12 13 Accordingly, 1. The findings and recommendations issued on March 12, 2021, (Doc. No. 10), are adopted in full; 2. This action is DISMISSED, WITHOUT PREJUDICE, for failure to prosecute and failure to comply with a court order; and 3. The clerk of court is directed to assign a district judge for the purpose of closing this case and to close this case. 14 15 16 IT IS SO ORDERED. Dated: April 9, 2021 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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