(PC) Van den Heuvel v. El Dorado County Judicials et al, No. 2:2023cv01523 - Document 6 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Dale A. Drozd on 11/30/23 ADOPTING 5 Findings and Recommendations in full and DISMISSING action, without prejudice, due to plaintiff's failure to obey a court order. CASE CLOSED (Benson, 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 JOHN MARK VAN DEN HEUVEL, 12 No. 2:23-cv-01523-DAD-DB (PC) Plaintiff, 13 v. 14 EL DORADO COUNTY JUDICIALS, et al., 15 Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO OBEY A COURT ORDER (Doc. No. 5) Plaintiff John Mark Van den Heuvel is a former county detainee proceeding pro se in this 17 18 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 26, 2023, the assigned magistrate judge issued findings and 20 21 recommendations recommending this action be dismissed, without prejudice, due to plaintiff’s 22 failure to obey a court order. (Doc. No. 5.)1 The pending findings and recommendations were 23 served on plaintiff and contained notice that any objections thereto were to be filed within twenty- 24 one (21) days after service. (Id. at 2.) To date, no objections to the findings and 25 1 26 27 28 On August 4, 2023, plaintiff was ordered to submit, within thirty days, either the $350.00 filing fee plus the $52.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order. (Doc. No. 4.) Plaintiff was also cautioned that his failure to comply with that order or seek an extension of time to do so would result in the dismissal of this action without prejudice. (Id.) Plaintiff failed to comply with the August 4, 2023 order leading to the issuance of the pending findings and recommendations. 1 1 recommendations have been filed, and the time in which to do so has now passed. 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 3 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 4 findings and recommendations are supported by the record and by proper analysis. 5 Accordingly: 6 1. 7 The findings and recommendations issued on September 26, 2023 (Doc. No. 5) are adopted in full; 8 2. 9 This action is dismissed, without prejudice, due to plaintiff’s failure to obey a court order; and 10 3. 11 IT IS SO ORDERED. 12 13 14 Dated: The Clerk of the Court is directed to close this case. November 30, 2023 DALE A. DROZD UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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