(PC) Martinez v. Whitman et al, No. 1:2006cv01074 - Document 50 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS to DISMISS Without Prejudice for Failure to Prosecute; ORDER DIRECTING Case Closure by Court Clerk signed by District Judge Lawrence J. O'Neill on 5/12/2010. CASE CLOSED. (Bradley, A)
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(PC) Martinez v. Whitman et al Doc. 50 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JESS RICO MARTINEZ, 10 11 12 CASE NO. 1:06-cv-01074-LJO-SMS PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE v. BILL WHITMAN, et al., (Doc. 45) 13 Defendants. ORDER DIRECTING CASE CLOSURE BY COURT CLERK 14 / 15 16 Plaintiff Jess Rico Martinez is a state prisoner proceeding pro se and in forma pauperis in 17 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 In the First Amended Complaint, Plaintiff states that he “acknowledges the correction of 20 the previously filed complaints concerning this matter and dismisses defendants Deputy 21 Villalobos and Sheriff Bill Wittman as per court instruction.” (Doc. 33, p. 2.) On February 4, 22 2010, the Magistrate Judge filed a Findings and Recommendations herein, recommending that 23 the action be dismissed based on Plaintiff’s failure to obey a court order by failing to submit 24 information to assist in service by the United States Marshal on the remaining Defendant, Nation. 25 (Doc. 45.) The Findings and Recommendations was served on Plaintiff and contained notice that 26 any objections to the Findings and Recommendations were to be filed within thirty days. 27 Plaintiff filed objections on February 22, 2010. (Doc. 47.) 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 1 Dockets.Justia.com 1 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 2 Findings and Recommendations to be supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 The Findings and Recommendations, filed February 4, 2010 (Doc. 45), is adopted in full; 6 2. 7 This case is dismissed without prejudice for Plaintiff’s failure to obey a court order; and 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. 11 Dated: b9ed48 May 12, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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