(PC) McClendon v. Secretary of CDCR et al, No. 2:2021cv02088 - Document 11 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Dale A. Drozd on 1/6/2023 ADOPTING in FULL 10 Findings and Recommendations. This action is DISMISSED, without prejudice, due to plaintiff's failure to prosecute this action. Plaintiff's 1 pending motion f or injunctive relief, and the pending Findings and Recommendations 7 addressing that motion, have been rendered MOOT by this order and the motion for injunctive relief is therefore DENIED as MOOT. The Clerk of the Court is directed to close this case. CASE CLOSED (Reader, L)
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(PC) McClendon v. Secretary of CDCR et al Doc. 11 Case 2:21-cv-02088-DAD-AC Document 11 Filed 01/09/23 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 DENNIS E. MCCLENDON, 12 13 14 15 No. 2:21-cv-02088-DAD-AC (PC) Plaintiff, v. SECRETARY OF CDCR, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION (Doc. Nos. 1, 7, 10) 16 17 Plaintiff Dennis E. McClendon is a state prisoner appearing pro se and in forma pauperis 18 in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 8, 2022, the assigned magistrate judge issued findings and 21 recommendations recommending this action be dismissed, without prejudice, pursuant to Federal 22 Rule of Civil Procedure 41(b) due to plaintiff’s failure to prosecute this action. (Doc. No. 10.) 23 Specifically, plaintiff has failed to comply with the court’s order dated September 26, 2022 (Doc. 24 No. 7), in which plaintiff’s original complaint was dismissed and plaintiff was directed to file an 25 amended complaint within thirty days. (Id.) The findings and recommendations were served on 26 plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) 27 days after service. (Id.) To date, no objections to the findings and recommendations have been 28 filed, and the time in which to do so has now passed. 1 Dockets.Justia.com Case 2:21-cv-02088-DAD-AC Document 11 Filed 01/09/23 Page 2 of 2 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly: 5 1. 6 The findings and recommendations issued on November 8, 2022 (Doc. No. 10) are adopted in full; 7 2. 8 This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute this action; 9 3. Plaintiff’s pending motion for injunctive relief (Doc. No. 1) and the pending 10 findings and recommendations addressing that motion (Doc. No. 7) have been 11 rendered moot by this order and the motion for injunctive relief is therefore denied 12 as moot; and 13 4. 14 IT IS SO ORDERED. 15 Dated: The Clerk of the Court is directed to close this case. January 6, 2023 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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