(PC) Carpenter v. Molina et al, No. 1:2021cv00344 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 8 Findings and Recommendations and Dismissing Case for Failure to State a Claim and Failure to Prosecute signed by District Judge Dale A. Drozd on 7/30/2021. CASE CLOSED. (Jessen, A)

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(PC) Carpenter v. Molina et al Doc. 9 Case 1:21-cv-00344-DAD-EPG Document 9 Filed 08/02/21 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 14 15 v. No. 1:21-cv-00344-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART BENNY MOLINA, et al., (Doc. No. 8) Defendants. 16 17 Plaintiff Charles Carpenter is a state inmate proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 2, 2021, the assigned magistrate judge entered findings and recommendations 21 recommending that this action be dismissed with prejudice for failure to state a claim, failure to 22 prosecute, and failure to comply with a court order. (Doc No. 8.) Plaintiff was provided an 23 opportunity to file objections to the findings and recommendations within thirty (30) days. (Id. at 24 7-8.) Plaintiff has not filed any objections and the time to do so passed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), this court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 27 and recommendations to be supported by the record and by proper analysis insofar as it 28 1 Dockets.Justia.com Case 1:21-cv-00344-DAD-EPG Document 9 Filed 08/02/21 Page 2 of 2 1 recommends dismissal for failure to comply with a court order and failure to prosecute. The court 2 declines to address any other grounds for dismissal. 3 Accordingly, 4 1. The findings and recommendations entered June 2, 2021 (Doc. No. 8) are adopted in 5 part; 6 2. This case is dismissed for failure to state a claim and failure to prosecute; and 7 3. The Clerk of Court is directed to assign a district judge for the purpose of closing the 8 case and then to close this case. 9 10 11 IT IS SO ORDERED. Dated: July 30, 2021 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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