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Lee v. Shirley

United States District Court, Eastern District of California
Jul 17, 2023
1:23-cv-00507-ADA-SKO (PC) (E.D. Cal. Jul. 17, 2023)

Opinion

1:23-cv-00507-ADA-SKO (PC)

07-17-2023

SHAUN LEE, Plaintiff, v. HEATHER SHIRLEY, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR PLAINTIFF'S FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE

(ECF NO. 4)

Plaintiff Shaun Lee (“Plaintiff”) is proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On May 31, 2023, the Magistrate Judge found that Plaintiff has failed to obey the Court's orders and, in so doing, has failed to prosecute this action. (ECF No. 4.) Specifically, Plaintiff has failed to submit a completed and signed application to proceed in forma pauperis and has failed to file a signed complaint or notice of voluntary dismissal. (Id. at 2-4.) Therefore, the Magistrate Judge recommended that the action be dismissed without prejudice. (Id. at 4.) Plaintiff had fourteen days to file objections. (Id.) To date, no objections have been filed, and the time to do so has now passed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the file, the Court finds the findings and recommendations to be supported by the record and proper analysis.

Accordingly, 1. The findings and recommendations issued May 31, 2023, (ECF No. 4), are ADOPTED in full;

2. This action is DISMISSED, without prejudice, for Plaintiff's failure to obey court orders and failure to prosecute; and

3. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.


Summaries of

Lee v. Shirley

United States District Court, Eastern District of California
Jul 17, 2023
1:23-cv-00507-ADA-SKO (PC) (E.D. Cal. Jul. 17, 2023)
Case details for

Lee v. Shirley

Case Details

Full title:SHAUN LEE, Plaintiff, v. HEATHER SHIRLEY, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jul 17, 2023

Citations

1:23-cv-00507-ADA-SKO (PC) (E.D. Cal. Jul. 17, 2023)