(PC) Ford v. Gross, No. 2:2021cv01095 - Document 14 (E.D. Cal. 2021)

Court Description: ORDER DISMISSING CASE signed by Magistrate Judge Allison Claire on 08/12/21 VACATING 12 Findings and Recommendations.Pursuant to plaintiffs request, 13 at 2, this matter is VOLUNTARILY DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). CASE CLOSED(Plummer, M)

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(PC) Ford v. Gross Doc. 14 Case 2:21-cv-01095-TLN-AC Document 14 Filed 08/12/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY FORD, 12 No. 2:21-cv-1095 TLN AC P Plaintiff, 13 v. 14 GROSS, 15 ORDER Defendant. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. 17 18 This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 19 636(b)(1)(B). 20 On July 28, 2021, the court issued findings and recommendations which (1) denied 21 plaintiff’s motion to stay this action pending the exhaustion of his administrative remedies and (2) 22 recommended that this action be dismissed for failure to file an application to proceed in forma 23 pauperis, or in the alternative, to pay the filing fee. ECF No. 12. Plaintiff was given twenty-one 24 days to file objections to the order. See id. at 3. On August 6, 2021, plaintiff filed objections to the findings and recommendations. See 25 26 ECF No. 13. In his objections, plaintiff acknowledges that he has yet to exhaust his 27 administrative remedies and therefore asks that this action be dismissed. See id. at 2. 28 //// 1 Dockets.Justia.com Case 2:21-cv-01095-TLN-AC Document 14 Filed 08/12/21 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued July 28, 2021 (ECF No. 12), are 3 4 5 6 7 VACATED; 2. Pursuant to plaintiff’s request, ECF No. 13 at 2, this matter is VOLUNTARILY DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i); and 3. This case is CLOSED. DATED: August 12, 2021 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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