Rizzo v. Yates

Full title: PIERRE RIZZO, Plaintiff, v. JAMES A. YATES, et al., Defendants

Court: United States District Court, E.D. California

Date published: Sep 16, 2006

1:05-cv-01270-OWW-SMS-P (E.D. Cal. Sep. 16, 2006)

Opinion

1:05-cv-01270-OWW-SMS-P.

September 16, 2006

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 14) ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY A COURT ORDER (Doc. 13)

OLIVER WANGER, District Judge

Plaintiff Pierre Rizzo ("plaintiff"), a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 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 72-302.

On August 1, 2006, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within twenty days. To date, plaintiff has not filed objections to the Magistrate Judge's Findings and Recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a de fnovo 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, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed August 1, 2006, is ADOPTED IN FULL; and,

2. This action is DISMISSED, without prejudice, based on plaintiff's failure to obey the court's order of May 25, 2006.

IT IS SO ORDERED.