(PC) Leverette v. Shirley, et al., No. 1:2023cv00521 - Document 5 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 4 Findings and Recommendations to Dismiss Action for Plaintiff's Failure to Obey Court Orders and Failure to Prosecute, signed by District Judge Ana de Alba on 07/17/2023. CASE CLOSED. (Maldonado, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANTE LEVERETTE, 12 Plaintiff, 13 14 v. HEATHER SHIRLEY, et al., 15 Defendants. Case No.: 1:23-cv-00521-ADA-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE (ECF No. 4) 16 17 Plaintiff Dante Leverette (“Plaintiff”) is proceeding pro se in this civil rights action brought 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 31, 2023, the Magistrate Judge found that Plaintiff failed to obey the Court’s orders 21 and, in so doing, has failed to prosecute this action. (ECF No. 4.) Specifically, Plaintiff has failed 22 to submit a completed and signed application to proceed in forma pauperis and has failed to file a 23 signed complaint or notice of voluntary dismissal. (Id. at 2-4.) Therefore, the Magistrate Judge 24 recommended that the action be dismissed without prejudice. (Id. at 4.) Plaintiff was to file any 25 objections to the Magistrate Judge’s findings and recommendations within fourteen days. (Id.) To 26 date, no objections have been filed, and the time to do so has now passed. 27 /// 28 /// 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the file, the Court finds the findings and 3 recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued May 31, 2023, (ECF No. 4), are ADOPTED 6 7 in full; 2. This action is DISMISSED, without prejudice, for Plaintiff’s failure to obey court orders 8 9 and failure to prosecute; and 3. The Clerk of the Court is directed to close this case. 10 11 12 13 IT IS SO ORDERED. Dated: July 17, 2023 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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