Smith v. Scott et al, No. 1:2021cv01614 - Document 7 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 6 Findings and Recommendations signed by District Judge Dale A. Drozd on 05/24/2022. CASE CLOSED.(Flores, E)
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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 CANDACE SMITH, 12 13 14 15 No. 1:21-cv-01614-DAD-BAM Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS LINDA SCOTT, et al., (Doc. No. 6) Defendants. 16 17 18 19 20 Plaintiff Candace Smith, proceeding pro se and in forma pauperis, filed this civil action against Linda Scott and Agape Schools Inc. on November 4, 2021. (Doc. No. 1.) On March 3, 2022, the assigned magistrate judge screened plaintiff’s complaint pursuant 21 to 28 U.S.C. § 1915(e) and determined that it failed to state a cognizable claim for relief. (Doc. 22 No. 5.) Plaintiff was granted leave to file an amended complaint within thirty (30) days after 23 service of that screening order to attempt to cure the pleading deficiencies identified by the 24 magistrate judge. (Id. at 6.) Plaintiff was warned that her failure to file a first amended 25 complaint, or a notice of voluntary dismissal, in compliance with the screening order would result 26 in a recommendation that this action be dismissed, with prejudice, due to plaintiff’s failure to 27 state a claim and failure to obey a court order. (Id.) Plaintiff failed to file a first amended 28 complaint or otherwise respond to the court’s screening order. 1 1 Therefore, on April 26, 2022, the assigned magistrate judge issued findings and 2 recommendations, recommending that this action be dismissed, with prejudice, due to plaintiff’s 3 failure to state a cognizable claim for relief, failure to obey a court order, and failure to prosecute. 4 (Doc. No. 6.) The pending findings and recommendations were served on plaintiff and contained 5 notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 6 7.) To date, no objections to the findings and recommendations have been filed, and the time in 7 which to so has now passed. 8 Accordingly, 9 1. 10 11 The findings and recommendations issued on April 26, 2022 (Doc. No. 6) are adopted; 2. This action is dismissed, with prejudice, due to plaintiff’s failure to state a 12 cognizable claim for relief, failure to obey a court order, and failure to prosecute; 13 and 14 15 16 17 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: May 24, 2022 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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