(PC) Thesus v. Ramos et al, No. 1:2020cv00593 - Document 58 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 57 Findings and Recommendations signed by District Judge Dale A. Drozd on 6/7/2022. CASE CLOSED. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GUNTER D. THESUS, 12 Plaintiff, 13 v. 14 S. RAMOS, et al., 15 No. 1:20-cv-00593-DAD-BAK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 57) Defendants. 16 17 Plaintiff Gunter D. Thesus is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 23, 2021, defendants Gonzalez, Garcia, and Negrete filed a motion for 21 summary judgment based on plaintiff’s failure to exhaust his administrative remedies before 22 filing suit as is required. (Doc. No. 48.) Defendant Ramos filed a separate motion for summary 23 judgment based on the same reasoning. (Doc. No. 49.) On October 25, 2021, the assigned 24 magistrate judge issued an order directing plaintiff to file responses to the pending motions for 25 summary judgment within twenty-one (21) days. (Doc. No. 51.) Plaintiff failed to do so. 26 Therefore, on May 16, 2022, the assigned magistrate judge issued findings and recommendations, 27 recommending that plaintiff’s case be dismissed without prejudice due to plaintiff’s failure to 28 comply with a court order and failure to prosecute. (Doc. No. 57.) Those findings and 1 1 recommendations were served on plaintiff and contained notice that any objections thereto were 2 to be filed within fourteen (14) days of service. (Id.) To date, no objections have been filed with 3 the court and the time in which to do so has now passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 5 de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 6 and recommendations to be supported by the record and by proper analysis. 7 Accordingly, 8 1. 9 10 adopted; 2. 11 12 15 16 This action is dismissed without prejudice due to plaintiff’s failure to comply with a court order and failure to prosecute; and 3. 13 14 The findings and recommendations issued on May 16, 2022 (Doc. No. 57) are The Clerk of the Court is directed to close this case and terminate all pending motions. IT IS SO ORDERED. Dated: June 7, 2022 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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