Richard Wood v. S. Salmonson, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after Plaintiff Richard Wood filed no objections. The court dismissed the § 1983 action without prejudice for failure to pay the filing fee, prosecute, and comply with court orders; denied the in forma pauperis motion as moot; and directed the clerk to close the case.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full after reviewing the record, presuming the factual findings correct, and reviewing the legal conclusions de novo.
2. The action was dismissed without prejudice for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders.
3. Plaintiff's motion to proceed in forma pauperis was denied as moot.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when Plaintiff filed no objections.
2. Whether the action should be dismissed without prejudice for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders.
3. Whether Plaintiff's motion to proceed in forma pauperis should be denied as moot after dismissal of the action.

Disposition

dismissed