(PC) Marshall v. Shirley et al, No. 1:2023cv00533 - Document 7 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 6 Findings and Recommendations to Dismiss Action, Without Prejudice, for Failure to Obey Court Order and Failure to Prosecute, signed by District Judge Jennifer L. Thurston on 7/9/2023. CASE CLOSED. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYSHAUN MARSHALL, 12 13 v. 14 SHIRLEY, et al., 15 No. 1:23-cv-00533-JLT-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE Defendants. (Doc. 6) 16 17 Plaintiff Rayshaun Marshall is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. This action was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 7, 2023, the assigned magistrate judge issued findings and recommendations 21 recommending dismissal of this action, without prejudice, for failure to obey a court order and 22 failure to prosecute this action. (Doc. 6.) Those findings and recommendations were served on 23 Plaintiff and contained notice that any objections thereto were to be filed within fourteen days 24 after service. (Id. at 3.) No objections have been filed, and the deadline to do so has now passed. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 27 the magistrate judge’s findings and recommendations are supported by the record and by proper 28 analysis. 1 1 Based on the foregoing, the Court ORDERS: 2 1. 3 4 ADOPTED IN FULL. 2. 5 6 The findings and recommendations issued on June 7, 2023, (Doc. 6), are This action is DISMISSED, without prejudice, due to Plaintiff’s failure to obey a court order and failure to prosecute. 3. The Clerk of the Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: July 9, 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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