(PC) Magee v. Delaney et al, No. 2:2019cv01634 - Document 7 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge John A. Mendez on 7/28/2020 ADOPTING 4 Findings and Recommendations in full and DISMISSING Case with prejudice for failure to comply with: (a) the court's prefiling order issued 9/6/1988, and (b) the court's 2 order to show cause. CASE CLOSED. (York, M)

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(PC) Magee v. Delaney et al Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUCHELL CINQUE MAGEE, 12 Plaintiff, 13 14 No. 2:19-cv-1634 JAM DB P v. ORDER CAROLYN K. DELANEY, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has lodged this civil rights action seeking 17 18 relief under 42 U.S.C. § 1983. (See ECF No. 1). The matter 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 1, 2020, the magistrate judge issued findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within thirty days. (ECF No. 4). Plaintiff has filed 23 objections to the findings and recommendations. (ECF No. 5). 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 issued on June 1, 2020 (ECF No. 4), are 3 ADOPTED in full; 4 2. This action shall remain LODGED, NOT FILED, and 5 3. This action is DISMISSED with prejudice for failure to comply with: (a) the court’s 6 prefiling order issued September 6, 1988, and (b) the court’s order to show cause issued May 12, 7 2020. See Fed. R. Civ. P. 41(b); L.R. 110. 8 9 DATED: July 28, 2020 /s/ John A. Mendez___________________ 10 United States District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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