(PC) Bender v. Santoro et al, No. 1:2021cv00448 - Document 14 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 13 Findings and Recommendations, and Dismissing Action signed by District Judge Dale A. Drozd on 07/19/2021. CASE CLOSED.(Flores, E)

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(PC) Bender v. Santoro et al Doc. 14 Case 1:21-cv-00448-DAD-SAB Document 14 Filed 07/20/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD EUGENE BENDER, 12 Plaintiff, 13 v. 14 KELLY SANTORO, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) No.: 1:21-cv-00448-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION (Doc. No. 13) 17 Plaintiff Floyd Eugene Bender is proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On June 7, 2021, the assigned magistrate judge issued findings and recommendations 21 recommending the instant action be dismissed for failure to comply with a court order and failure to 22 prosecute. (Doc. No. 13.) Those findings and recommendations were served on plaintiff and 23 contained notice that any objections were to be filed within fourteen (14) days after service. (Id. at 3.) 24 To date, no objections to the findings and recommendations have been filed, and the time in which to 25 do so has now passed. 26 /// 27 /// 28 1 Dockets.Justia.com Case 1:21-cv-00448-DAD-SAB Document 14 Filed 07/20/21 Page 2 of 2 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 2 undersigned has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds both findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, 6 1. The findings and recommendations issued on June 7 (Doc. No. 13) are adopted in full; and 7 2. The instant action is dismissed for failure to comply with a court order and failure to prosecute. 8 9 10 11 12 IT IS SO ORDERED. Dated: July 19, 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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