Opinion
1:21-cv-00483-NONE-BAM (PC)
07-19-2021
ANGEL VEGA, Plaintiff, v. GARCIA, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO PROSECUTE (DOC. NO. 5)
Plaintiff Angel Vega is a state prisoner proceeding pro se 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 24, 2021, the assigned magistrate judge issued an order for plaintiff to submit an application to proceed in forma pauperis or pay the filing fee within forty-five days to proceed with this action. (Doc. No. 3.) Plaintiff did not file an application to proceed in forma pauperis, pay the filing fee, or otherwise communicate with the court.
Accordingly, on May 26, 2021, the magistrate judge issued findings and recommendations recommending dismissal of this action, without prejudice, for failure to obey a court order, failure to pay the filing fee, and failure to prosecute. (Doc. No. 5.) 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 3-4.) 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 May 26, 2021, (Doc. No. 5), are adopted in full;
2. This action is dismissed, without prejudice, due to plaintiffs failure to obey a court order, failure to pay the filing fee, and failure to prosecute; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.