(PC) Cortinas v. Vasquez et al, No. 1:2019cv00367 - Document 174 (E.D. Cal. 2024)

Court Description: ORDER ADOPTING 173 Findings and Recommendations to Dismiss Action for Plaintiff's Failure to Obey Court Orders and Failure to Prosecute signed by District Judge Jennifer L. Thurston on 08/29/2024. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, 12 13 14 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE Defendants. (Doc. 173) v. VASQUEZ, et al., 15 Case No. 1:19-cv-00367-JLT-SKO (PC) 16 Larry William Cortinas seeks to hold defendants liable for violations of his civil rights 17 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The assigned magistrate judge recommended this action be dismissed for Plaintiff’s 20 21 failure to obey court orders and failure to prosecute, addressing Plaintiff’s failure to keep the 22 Court apprised of his current address. (Doc. 173.) The magistrate judge advised Plaintiff that the 23 “failure to file objections within the specified time may result in waiver of his rights on appeal.” 24 (Id. at 5-6, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 25 F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days have passed, yet no objections have been 26 filed. 27 28 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and 1 Recommendations to be supported by the record and proper analysis. Accordingly, the Court 2 ORDERS: 3 1. 4 5 ADOPTED in full. 2. 6 7 The Findings and Recommendations issued on August 9, 2024 (Doc. 173) are This action is DISMISSED without prejudice for Plaintiff’s failure to obey court orders and failure to prosecute. 3. 8 The Clerk of the Court is directed to terminate all pending motions and to close this case. 9 10 11 IT IS SO ORDERED. Dated: August 29, 2024 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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