(PC)Smith v. O'Brian et al, No. 2:2020cv01510 - Document 13 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 7/14/2021 ADOPTING 12 The Findings and Recommendations in full; and This action is DISMISSED for failure to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the 9/29/2020 5 order. The Clerk of Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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(PC)Smith v. O'Brian et al Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODRICK JERMON SMITH, 12 13 14 15 No. 2:20-cv-01510-TLN-JDP Plaintiff, ORDER v. L. O’BRIAN, et al., Defendants. 16 17 Plaintiff Rodrick Jermon Smith (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 23, 2021, the magistrate judge filed 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 fourteen days. (ECF No. 12.) Plaintiff has not filed 23 objections to the findings and recommendations. 24 The Court has reviewed the file under the applicable legal standards and finds the findings 25 and recommendations to be supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 28 1. The Findings and Recommendations filed April 23, 2021 (ECF No. 12), are ADOPTED IN FULL; and 1 Dockets.Justia.com 1 2 2. This action is DISMISSED for failure to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the September 29, 2020 order (ECF No. 5). 3 The Clerk of Court is directed to close this case. 4 IT IS SO ORDERED. 5 DATED: July 14, 2021 6 7 8 9 Troy L. Nunley 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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