(PC) Wieland v. Newsom, et al.,, No. 2:2023cv00257 - Document 7 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Dale A. Drozd on 6/5/24 ADOPTING in full 6 Findings and Recommendations and DISMISSING this action without prejudice, due to plaintiff's failure to prosecute this action. CASE CLOSED (Kastilahn, A)

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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 WIELAND, 12 13 14 No. 2:23-cv-00257-DAD-CKD (PC) Plaintiff, v. GAVIN NEWSOM, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PROSECUTE Defendants. (Doc. No. 6) 16 17 18 Plaintiff Peter Wieland is a state prisoner proceeding with counsel in this action. This 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On April 29, 2024, 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. 6.) In particular, on March 20, 2024, the undersigned adopted 24 the July 27, 2023 findings and recommendations to the extent that they recommended dismissing 25 plaintiff’s complaint, but granted plaintiff thirty days from the date of service of that order to file 26 an amended complaint. (Doc. No. 5 at 3.) To date, plaintiff has not filed an amended complaint 27 or otherwise communicated with the court. Accordingly, the pending findings and 28 recommendations were served on plaintiff and contained notice that any objections thereto were 1 1 to be filed within fourteen (14) days after service. (Doc. No. 6 at 1.) To date, no objections to the 2 findings and recommendations have been filed, and the time in which to do so 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 29, 2024 (Doc. No. 6) 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 14 15 Dated: The Clerk of the Court is directed to close this case. June 5, 2024 DALE A. DROZD UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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