(PC) Carroll et al v. CDCR et al, No. 1:2023cv00005 - Document 18 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 15 Findings and Recommendations to Dismiss Action signed by District Judge Jennifer L. Thurston on 6/1/2023. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 TREMAINE CARROLL, Case No. 1:23-cv-00005-JLT-SAB (PC) 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION 11 v. 12 (Doc. 15.) CDCR, et al., 13 Defendants. 14 15 16 Tremaine Carroll is proceeding pro se in this civil rights action filed pursuant to 42 17 U.S.C. § 1983. The Court screened the complaint, found no cognizable claims, and granted 18 Plaintiff thirty days to file an amended complaint. (Doc. 10.) 19 Plaintiff failed to file an amended complaint or otherwise respond to the Court’s order. 20 Therefore, the Court issued an order for Plaintiff to show cause why the action should not be 21 dismissed. (Doc. 13.) After Plaintiff failed to respond to the order to show cause, the magistrate 22 judge issued findings and recommendations to dismiss the action. (Doc. 15.) 23 Plaintiff then filed a motion for an extension of time to file objections and request for 24 appointment of counsel. (Doc. 16.) The Court granted Plaintiff thirty days to file an amended 25 complaint and denied his request for appointment of counsel. (Doc. 17.) Plaintiff has failed to 26 file objections and the time to do so has passed. 27 According to the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo 28 review of this case. Having carefully reviewed the entire file, the Court finds the findings and 1 1 recommendations to be supported by the record and proper analysis. Accordingly, the Court 2 ORDERS: 3 1. ADOPTED IN FULL. 4 5 The findings and recommendations issued on April 10, 2023 (Doc. 15), are 2. This action is dismissed for failure to state a claim, failure to comply with a court order, and failure to prosecute. 6 7 8 IT IS SO ORDERED. 9 Dated: June 1, 2023 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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