(PC) Green v. Atienza et al, No. 2:2018cv00731 - Document 85 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 5/17/2023 ADOPTING 84 The Findings and Recommendations in full; This action is DISMISSED, without prejudice, due to Plaintiff's failure to prosecute; Defendants' pending 79 Motion for Summary Judgment is DENIED as having been rendered moot by this order; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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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 WARREN CLEVELAND GREEN, 12 13 14 15 No. 2:18-cv-00731-DAD-AC (PC) Plaintiff, v. R. ATIENZA, et al., Defendant. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (Doc. Nos. 79, 84) 16 17 Plaintiff Warren Cleveland Green is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 9, 2023, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed, without prejudice, due to plaintiff’s failure to 22 prosecute this action. (Doc. No. 84.) The pending findings and recommendations were served on 23 the parties and contained notice that any objections thereto were to be filed within fourteen (14) 24 days after service. (Id. at 1–2.) To date, no objections to the findings and recommendations have 25 been filed, and the time in which to do so has now passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 28 findings and recommendations are supported by the record and by proper analysis. 1 1 Accordingly: 2 1. 3 The findings and recommendations issued on March 9, 2023 (Doc. No. 84) are adopted in full; 4 2. This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute; 5 3. Defendants’ pending motion for summary judgment (Doc. No. 79) is denied as 6 having been rendered moot by this order; and 7 4. 8 IT IS SO ORDERED. 9 Dated: The Clerk of the Court is directed to close this case. May 17, 2023 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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