(PC) Ellis v. Meraz-Hendricks et al, No. 2:2023cv00217 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 6/22/2023 ADOPTING 7 Findings and Recommendations in full. This action is DISMISSED, without prejudice, due to plaintiff's failure to prosecute this action. CASE CLOSED. (Perdue, C.)

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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 PETER JON ELLIS, 12 13 14 15 16 No. 2:23-cv-00217-DAD-CKD (PC) Plaintiff, v. LETICIA MERAZ-HENDRICKS, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PROSECUTE Defendants. (Doc. No. 7) 17 18 Plaintiff Peter Jon Ellis is a prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 19, 2023, the assigned magistrate judge issued findings and recommendations 22 recommending that this action be dismissed, without prejudice, due to plaintiff’s failure to 23 prosecute this action. (Doc. No. 7.) In particular, on March 3, 2023, the court screened plaintiff’s 24 complaint, determined that plaintiff had failed to state a cognizable claim for relief, and granted 25 plaintiff leave to file an amended complaint. (Doc. No. 6 at 2–3.) To date, plaintiff has not filed 26 an amended complaint or otherwise communicated with the court. Accordingly, the pending 27 findings and recommendations were served on plaintiff and contained notice that any objections 28 thereto were to be filed within fourteen (14) days after service. (Doc. No. 7 at 1.) To date, no 1 1 objections to the findings and recommendations have been filed, and the time in which to do so 2 has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 5 findings and recommendations are supported by the record and by proper analysis. 6 Accordingly: 7 1. 8 The findings and recommendations issued on April 19, 2023 (Doc. No. 7) are adopted in full; 9 2. 10 This action is dismissed, without prejudice, due to plaintiff’s failure to prosecute this action; and 11 3. 12 IT IS SO ORDERED. 13 Dated: The Clerk of the Court is directed to close this case. June 22, 2023 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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