(PC) Mann v. Garcia et al, No. 1:2021cv00764 - Document 48 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 45 Findings and Recommendations and Dismissing Action Without Prejudice signed by District Judge Ana de Alba on 6/1/2023. CASE CLOSED. (Lawrence, A)
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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 O’SHEA MANN, 12 Plaintiff, 13 14 No. 1:21-cv-00764-ADA-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. ORDER DISMISSING ACTION WITHOUT PREJUDICE A. GARCIA, et al., 15 Defendants. 16 ORDER FOR CLERK TO CLOSE CASE (ECF Nos. 42, 44, 45.) 17 O’Shea Mann (“Plaintiff”) is a state prisoner (or former state prisoner) proceeding pro se 18 and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On March 23, 2023, the assigned Magistrate Judge entered findings and 22 recommendations, recommending that (1) the stay be lifted; (2) this case be dismissed, without 23 prejudice, because of Plaintiff’s failure to comply with a court order and to prosecute this case; 24 and (3) the Clerk of Court be directed to close this case. (ECF No. 45 at 3.) Plaintiff had the 25 opportunity to file objections to the findings and recommendations. 26 objections has passed, and Plaintiff has not filed objections or otherwise responded to the findings 27 28 1 The deadline to file 1 and recommendations.1 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 3 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 Court finds the findings and recommendations to be supported by the record and proper analysis. 5 Accordingly, 6 1. 7 The findings and recommendations issued on March 23, 2023, (ECF No. 45), are adopted in full; 8 2. The stay is lifted; 9 3. This case is dismissed, without prejudice, because of Plaintiff’s failure to comply 10 with a court order and to prosecute this case; and 11 4. The Clerk of Court is directed to close this case. 12 13 14 IT IS SO ORDERED. Dated: 15 June 1, 2023 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 The findings and recommendations were returned as undeliverable. However, “[e]ach appearing attorney and pro se party is under a continuing duty to notify the Clerk and all other parties of any change of address or telephone number of the attorney or the pro se party. Absent such notice, service of documents at the prior address of the attorney or pro se party shall be fully effective.” Local Rule 182(f). 2 1
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