(PC) Clark v. United States Federal Bureau of Prisons ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY TERELL CLARK, No. 1:21-cv-00902-DAD-BAM (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 UNITED STATES FEDERAL BUREAU ACTION WITHOUT PREJUDICE OF PRISONS, et al., 15 (Doc. No. 6) Defendants. 16 17 Plaintiff Tony Terell Clark is a federal prisoner proceeding pro se in this civil rights action 18 pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 19 (1971). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. 21 On June 8, 2021, the assigned magistrate judge issued an order requiring plaintiff to 22 submit an application to proceed in forma pauperis or pay the filing fee within forty-five days to 23 proceed with this action. (Doc. No. 3.) Plaintiff did not file an application to proceed in forma 24 pauperis, pay the filing fee, or otherwise communicate with the court. 25 Accordingly, on August 9, 2021, the magistrate judge issued findings and 26 recommendations, recommending dismissal of this action without prejudice for failure to obey a 27 court order, failure to pay the filing fee, and failure to prosecute. (Doc. No. 6.) Those findings 28 and recommendations were served on plaintiff and contained notice that any objections thereto 1 | were to be filed within fourteen days after service. (/d. at 3-4.) No objections have been filed, 2 | and the deadline to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 4 | de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 5 | magistrate judge’s findings and recommendations are supported by the record and by proper 6 | analysis. 7 Accordingly, 8 1. The findings and recommendations issued on August 9, 2021 (Doc. No. 6) are 9 adopted in full; 10 2. This action is dismissed without prejudice due to plaintiff's failure to obey a court 11 order, failure to pay the filing fee, and failure to prosecute; and 12 3. The Clerk of the Court is directed to close this case. 13 | IT IS SO ORDERED. si □ Dated: _ September 24, 2021 Y L ah yt 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28