Opinion
No. 1:19-cv-01759-NONE-BAM (PC)
05-26-2020
FRANKIE MENDEZ, Plaintiff, v. DIAZ, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE
(Doc. No. 16)
Plaintiff Frankie Mendez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 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 March 11, 2020, the assigned magistrate judge screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A and determined that it failed to state a cognizable claim for relief. (Doc. No. 14.) Plaintiff was granted leave to file an amended complaint within thirty days to attempt to cure the deficiencies identified by the magistrate judge in the screening order. (Id.) Plaintiff was warned that his failure to file an amended complaint in compliance with the order would result in a recommendation for dismissal of this action, with prejudice, for failure to obey a court order, failure to prosecute, and for failure to state a claim. (Id. at 11.) Nonetheless, plaintiff did not file an amended complaint. /////
Therefore, on April 24, 2020, the magistrate judge issued findings and recommendations recommending dismissal of this action, with prejudice, for failure to state a claim pursuant to 28 U.S.C. § 1915A, failure to obey a court order, and failure to prosecute. (Doc. No. 16.) Those findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen days after service. (Id. at 12.) No objections have been filed, and the deadline 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 the case. Having carefully reviewed the entire file, the court concludes that the magistrate judge's findings and recommendations are supported by the record and by proper analysis.
Accordingly,
1. The findings and recommendations issued on April 24, 2020, (Doc. No. 16), are adopted in full;IT IS SO ORDERED.
2. This action is dismissed, with prejudice, due to plaintiff's failure to state a claim, failure to obey a court order, and failure to prosecute; and
3. The Clerk of the Court is directed to close this case.
Dated: May 26 , 2020
/s/_________
UNITED STATES DISTRICT JUDGE