(PC) Franklin v. Tate

1:19-cv-01170 | E.D. Cal. | Aug 10, 2021

Case 1:19-cv-01170-AWI-SAB Document 42 Filed 08/10/21 Page 1 of 2

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JEFFREY FRANKLIN, ) Case No. 1:19-cv-01170-AWI-SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, GRANTING v. ) DEFENDANT’S MOTION TO DISMISS, AND ) DIRECTING CLERK OF COURT TO HAROLD TATE, et al., ) TERMINATE ACTION ) Defendants. ) (Doc. Nos. 40, 41) ) Plaintiff Jeffrey Franklin is appearing pro se and in forma pauperis in this civil rights action 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 July 15, 2021, the Magistrate Judge issued a Findings and Recommendation recommending that Defendant’s motion to dismiss the action be granted. (Doc. No. 41.) The Findings and Recommendation was served on the parties and contained notice that objections were due within fourteen (14) days. (Id.) Plaintiff did not file objections and the time to do so has passed.

In accordance with the provisions of 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 to be supported by the record and by proper analysis. /// ///

1 Case 1:19-cv-01170-AWI-SAB Document 42 Filed 08/10/21 Page 2 of 2 1 Based on the foregoing, it is HEREBY ORDERED that: 1. The Findings and Recommendations filed on July 15, 2021, is adopted in full; and 2. Defendant’s motion to dismiss the action filed on June 7, 2021 (Doc. No. 40) is

granted; and 3. The action is dismissed with prejudice for Plaintiff’s failure to comply with his discovery obligations and orders of the Court.

IT IS SO ORDERED.

Dated: August 10, 2021

SENIOR DISTRICT JUDGE

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