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Willard v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 19, 2020
No. 1:19-cv-01073-DAD-JLT (PC) (E.D. Cal. Mar. 19, 2020)

Opinion

No. 1:19-cv-01073-DAD-JLT (PC)

03-19-2020

JESSE WILLARD, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendant.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIS ACTION DUE TO PLAINTIFF'S FAILURE TO OBEY A COURT ORDER

(Doc. No. 14)

Plaintiff Jesse Williard is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On January 14, 2020, the assigned magistrate judge issued findings and recommendations recommending that this action be dismissed due to plaintiff's failure to obey a court order. (Doc. No. 14.) Specifically, the findings and recommendations note that plaintiff was directed to file an application to proceed in forma pauperis and that his failure to do so would result in a recommendation that this action be dismissed. (Id. at 1; see also Doc. No. 10.) The forty-five day period in which plaintiff was to file the application has expired, and plaintiff has not filed the application. The findings and recommendations contained notice that any objections thereto were ///// to be filed within fourteen (14) days after service. To date, no objections have been filed, and the time in which to do so has since 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 entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly:

1. The January14, 2020 findings and recommendations (Doc. No. 14) are adopted in full;

2. This action is dismissed, without prejudice, due to plaintiff's failure to obey a court order; and

3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.

Dated: March 19 , 2020

/s/_________

UNITED STATES DISTRICT JUDGE


Summaries of

Willard v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 19, 2020
No. 1:19-cv-01073-DAD-JLT (PC) (E.D. Cal. Mar. 19, 2020)
Case details for

Willard v. Cal. Dep't of Corr. & Rehab.

Case Details

Full title:JESSE WILLARD, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 19, 2020

Citations

No. 1:19-cv-01073-DAD-JLT (PC) (E.D. Cal. Mar. 19, 2020)