(PC) Smith v. Listen et al, No. 2:2018cv03198 - Document 30 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 10/29/2019 ADOPTING 28 Findings and Recommendations in full. This action is DISMISSED. CASE CLOSED. (Zignago, K.)
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(PC) Smith v. Listen et al Doc. 30 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY XAVIER SMITH, 12 Plaintiff, 13 14 No. 2:18-cv-03198 MCE DB P v. ORDER LISTEN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 20, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 20, 2019, are adopted in full; and 3 2. This action is dismissed for plaintiff’s failure to prosecute and failure to comply with 4 5 6 court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41. IT IS SO ORDERED. Dated: October 29, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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