(PC) Gunn v. Stanton Correctional Facility et al, No. 2:2021cv00569 - Document 12 (E.D. Cal. 2021)
Court Description: ORDER signed by District Judge John A. Mendez on 12/20/2021 ADOPTING 10 Findings and Recommendations in Full and DISMISSING this action without prejudice for lack of prosecution and failure to comply with court rules and order. CASE CLOSED. (Donati, J)
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(PC) Gunn v. Stanton Correctional Facility et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUT GUNN, 12 Plaintiff, 13 14 15 No. 2:21-CV-0569-JAM-DMC-P v. ORDER STANTON CORRECTIONAL FACILITY, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 19 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 20 District of California local rules. On September 29, 2021, the Magistrate Judge filed findings and recommendations 21 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within the time specified therein. Timely objections to the findings and 24 recommendations have been filed.1 25 /// 26 27 28 1 Plaintiff states: “I want to file a [sic] objection for a dismissal of this action.” See ECF No. 11. Plaintiff does not otherwise offer any analysis as to why the Magistrate Judge’s findings and recommendations should not be adopted. Nor does Plaintiff explain his failure to comply with the Court’s prior order. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 2 304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the Court finds the findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed September 29, 2021, are adopted 2. This action is dismissed without prejudice for lack of prosecution and 7 8 9 10 in full; failure to comply with court rules and orders; and 3. The Clerk of the Court is directed to enter judgment and close this file. 11 12 13 14 Dated: December 20, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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