(PC) Parker v. Lynch, No. 2:2023cv00536 - Document 13 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Dale A. Drozd on 06/04/24 ADOPTING 12 Findings and Recommendations in full and DISMISSING this action, without prejudice, due to plaintiff's failure to prosecute. CASE CLOSED (Licea Chavez, V)

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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 MELVIN A. PARKER, 12 13 14 15 16 17 No. 2:23-cv-00536-DAD-DB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PROSECUTE JEFF LYNCH, Defendant. (Doc. No. 12) Plaintiff Melvin A. Parker is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 26, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed, without prejudice, due to plaintiff’s failure to 22 prosecute this action. (Doc. No. 12.) In particular, on February 23, 2024, the magistrate judge 23 screened plaintiff’s complaint, determined that plaintiff had failed to state a cognizable claim for 24 relief, and gave plaintiff sixty (60) days from the date of service of that order to file a first 25 amended complaint. (Doc. No. 9.) The court served the screening order on plaintiff by mail on 26 February 23, 2024. To date, plaintiff has not filed an amended complaint or otherwise 27 communicated with the court. Accordingly, the pending findings and recommendations were 28 served on plaintiff and contained notice that any objections thereto were to be filed within 1 1 fourteen (14) days after service. (Doc. No. 12 at 1.) To date, no objections to the findings and 2 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 26, 2024 (Doc. No. 12) 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 4, 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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