-DLB (PC) Caranchini v. Cate et al, No. 1:2011cv01089 - Document 20 (E.D. Cal. 2012)

Court Description: ORDER Adopting 19 Findings and Recommendations and Dismissing Action for Failure to Obey Court Order and Failure to State a Claim, signed by Chief Judge Anthony W. Ishii on 7/21/12. CASE CLOSED. (Gonzalez, R)

Download PDF
-DLB (PC) Caranchini v. Cate et al Doc. 20 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 BENJAMIN M. CARANCHINI, 9 10 11 12 CASE NO. 1:11-cv-01089-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO STATE A CLAIM v. MATTHEW CATE, et al., Defendants. 13 (ECF No. 19) / 14 15 Plaintiff Benjamin M. Caranchini (“Plaintiff”) is a former California state prisoner 16 proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On February 14, 2012, 17 the Court dismissed Plaintiff’s complaint for failure to state a claim with leave to amend, and 18 ordered Plaintiff to file an amended complaint within thirty days. No amended complaint was 19 filed. On April 17, 2012, Plaintiff was ordered to show cause within fourteen days why this 20 action should not be dismissed for failure to obey a court order and failure to state a claim. ECF No. 21 18. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 22 636(b)(1)(B) and Local Rule 302. 23 On June 11, 2012, the Magistrate Judge filed a Findings and Recommendations which was 24 served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 25 Recommendations was to be filed within fourteen days. Plaintiff did not file a timely Objection to 26 the Findings and Recommendations. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 28 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 1 Dockets.Justia.com 1 Recommendations to be supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations, filed June 11, 2012, is adopted in full; and 4 2. This action is DISMISSED for failure to obey the Court’s April 17, 2012 Order and 5 6 for failure to state a claim; 3. v. Vittorio, 658 F.3d 1090, 1100 (9th Cir. 2011); and 7 8 9 10 11 This dismissal is subject to the three strikes provision of 28 U.S.C. § 1915(g). Silva 4. The Clerk of the Court be directed to close this action. IT IS SO ORDERED. Dated: 0m8i78 July 21, 2012 CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.