Opinion
1:23-cv-00618 JLT HBK (PC)
11-28-2023
GABRIEL DIAZ, Plaintiff, v. R. VALDEZ, A. IBANEZ, J. MELENDEZ, and TRISTAN LEMON, Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE (DOC. 6)
Gabriel Diaz, a federal prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
The magistrate judge issued Findings and Recommendations recommending Diaz's complaint be dismissed without prejudice for failing to prosecute it and for failing to comply with a court order. (See Doc. 6.) The Findings and Recommendations notified Diaz that he could file written objections to be filed within 14 days of service. (Id. at 5.) Diaz has not filed any objections and the time to do so has passed.
According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations are supported by the record and by proper analysis. Accordingly, the Court ORDERS:
1. The Findings and Recommendations issued on October 19, 2023, (Doc. 6), are ADOPTED in full.
2. This action is DISMISSED, without prejudice, due to Plaintiff's failure to obey a court order and failure to prosecute.
3. The Clerk of Court is directed to close this action.
IT IS SO ORDERED.