(PC) Carpenter v. Molina et al, No. 1:2021cv00344 - Document 11 (E.D. Cal. 2021)
Court Description: CORRECTED ORDER ADOPTING Findings and Recommendations 9 signed by District Judge Dale A. Drozd on 8/3/2021. (Jessen, A)
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(PC) Carpenter v. Molina et al Doc. 11 Case 1:21-cv-00344-DAD-EPG Document 11 Filed 08/03/21 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 CHARLES CARPENTER, 12 Plaintiff, 13 v. 14 BENNY MOLINA, et al., 15 Defendants. No. 1:21-cv-00344-NONE-EPG (PC) CORRECTED1 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART (Doc. Nos. 8, 9) 16 17 18 Plaintiff Charles Carpenter is a state inmate proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 2, 2021, the assigned magistrate judge entered findings and recommendations 21 22 recommending that this action be dismissed with prejudice for failure to state a claim, failure to 23 prosecute, and failure to comply with a court order. (Doc No. 8.) Plaintiff was provided an 24 opportunity to file objections to the findings and recommendations within thirty (30) days. (Id. at 25 7-8.) Plaintiff has not filed any objections and the time to do so passed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), this court has conducted a 26 27 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 28 1 This order amends and supersedes the order adopting in part issued August 2, 2021 (Doc. No. 9), which contained a typographical error. 1 Dockets.Justia.com Case 1:21-cv-00344-DAD-EPG Document 11 Filed 08/03/21 Page 2 of 2 1 and recommendations to be supported by the record and by proper analysis insofar as they 2 recommend dismissal for failure to comply with a court order and failure to prosecute. The court 3 declines to address any other grounds for dismissal. 4 Accordingly, 5 1. The findings and recommendations entered June 2, 2021 (Doc. No. 8) are adopted in 6 part; 7 2. This case is dismissed for failure to prosecute and failure to obey a court order; and 8 3. The Clerk of Court is directed to assign a district judge for the purpose of closing the 9 case and then to close this case. 10 11 12 IT IS SO ORDERED. Dated: August 3, 2021 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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