(PC) Hayes v. Shirley, et al., No. 1:2023cv00516 - Document 5 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 4 Findings and Recommendations and Dismissing Action Without Prejudice for Failure to Obey a Court Order and Failure to Prosecute, signed by District Judge Ana de Alba on 7/17/2023. CASE CLOSED. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 No. 1:23-cv-00516-ADA-CDB (PC) TEVIN HAYES, Plaintiff, v. HEATHER SHIRLEY, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO PROSECUTE Defendants. (ECF No. 4) 16 17 18 Plaintiff Tevin Hayes (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 action filed under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 5, 2023, in Thomas v. Shirley, Case No. 1:23-cv-00470-BAM (PC), the Court 22 issued an order severing seventeen plaintiffs, including Plaintiff Hayes, from the action. (ECF No. 23 1.) The Court ordered each severed plaintiff, with certain exceptions, to submit an application to 24 proceed in forma pauperis or pay the $402.00 filing fee within forty-five days. (Id. at 5.) Each 25 plaintiff was also ordered to file a personally signed complaint or notice of voluntary dismissal. 26 (Id.) The Court warned: “A Plaintiff’s failure to comply with this order will result in dismissal 27 of that Plaintiff’s individual action.” (Id. (emphasis in original).) Plaintiff failed to comply with 28 the order. 1 On June 9, 2023, the assigned Magistrate Judge issued findings and recommendations to 2 dismiss this action without prejudice for failure to obey a court order and failure to prosecute. 3 (ECF No. 4.) The findings and recommendations were served on Plaintiff and provided him 4 fourteen days to file objections thereto. (Id. at 4.) Plaintiff has not filed any objections, and the 5 time do so has passed. 6 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 7 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 8 and recommendations to be supported by the record and proper analysis. 9 10 Accordingly, 1. ADOPTED in full; 11 12 2. This action is DISMISSED, without prejudice, for failure to obey a court order and failure to prosecute; and 13 14 The findings and recommendations issued on June 9, 2023, (ECF No. 4), are 3. The Clerk of Court is directed to close this case. 15 16 17 18 IT IS SO ORDERED. Dated: July 17, 2023 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.