(PC) Miles v. Garland et al, No. 2:2019cv01881 - Document 68 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr. on 12/8/21 ORDERING that the findings and recommendations 66 are REJECTED. This action is DISMISSED pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Defendants' motion to revoke plaintiff's in forma pauperis status 61 is DENIED as moot. (Kaminski, H)

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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 MAURICE MILES, SR., 12 13 14 15 No. 2:19-cv-01881-MCE-CKD Plaintiff, v. ORDER DANIEL GARLAND, et al., Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 16, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In their objections, defendants alternatively 24 request that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil 25 Procedure based on plaintiff’s failure to prosecute. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court rejects the findings and recommendations and will dismiss this action based on plaintiff’s 1 1 failure to prosecute it. See Fed. R. Civ. P. 41(b). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 16, 2021, are REJECTED. 4 2. This action is DISMISSED pursuant to Rule 41(b) of the Federal Rules of Civil 5 6 7 8 Procedure. 3. Defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No. 61) is DENIED as moot. IT IS SO ORDERED. 9 10 Dated: December 8, 2021 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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