(PC) Chaidez v. California Department of Corrections & Rehabilitation et al, No. 1:2021cv01189 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 7 Findings and Recommendations to Dismiss Action, without Prejudice, for Failure to Obey a Court Order and Failure to Prosecute signed by District Judge Dale A. Drozd on 11/19/2021. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRECILIANO TOMAS CHAIDEZ, 12 13 14 15 16 No. 1:21-cv-01189-NONE-BAM (PC) Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO PROSECUTE (Doc. No. 7) 17 18 Plaintiff Preciliano Tomas Chaidez is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 9, 2021, the assigned magistrate judge issued an order for plaintiff to submit an 22 application to proceed in forma pauperis or pay the $402.00 filing fee to proceed with this action. 23 (Doc. No. 3.) Plaintiff did not submit an application to proceed in forma pauperis, pay the filing 24 fee, or otherwise respond to the court’s order. 25 Accordingly, on October 26, 2021, the magistrate judge issued findings and 26 recommendations recommending dismissal of this action, without prejudice, for failure to obey a 27 court order and failure to prosecute. (Doc. No. 7.) Those findings and recommendations were 28 served on plaintiff and contained notice that any objections thereto were to be filed within 1 1 fourteen days after service. (Id. at 3–4.) No objections have been filed, and the deadline to do so 2 has now passed. 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 Accordingly, 8 1. 9 10 adopted in full; 2. 11 12 The findings and recommendations issued on October 26, 2021, (Doc. No. 7), are This action is dismissed, without prejudice, due to plaintiff’s failure to obey a court order, failure to pay the filing fee, and failure to prosecute; and 3. 13 The Clerk of the Court is directed to assign a district judge to this case for the purpose of closing the case and then to close this case. 14 15 16 IT IS SO ORDERED. Dated: November 19, 2021 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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