(PC) Dillingham v. Garcia et al, No. 1:2020cv01210 - Document 11 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 8 Findings and Recommendations in Full; ORDER Dismissing Case, Without Prejudice, for Failure to Obey Court Orders; ORDER for Clerk to Close Case, signed by District Judge Dale A. Drozd on 07/30/2021. CASE CLOSED. (Maldonado, C)

Download PDF
(PC) Dillingham v. Garcia et al Doc. 11 Case 1:20-cv-01210-DAD-GSA Document 11 Filed 08/02/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY DILLINGHAM, 12 Plaintiff, 13 14 No. 1:20-cv-01210-NONE-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL vs. (Doc. No. 8.) F. GARCIA, et al., 15 Defendants. 16 17 ORDER DISMISSING CASE, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDERS ORDER FOR CLERK TO CLOSE CASE 18 19 Plaintiff Jerry Dillingham is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights case pursuant to 42 U.S.C. § 1983. The matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On April 9, 2021, the court entered findings and recommendations, recommending that 23 this case be dismissed for plaintiff’s failure to comply with the court’s orders issued on August 24 27, 2020 and February 1, 2021.1 (Doc. 8.) Plaintiff was granted fourteen days in which to file 25 objections to the findings and recommendations. (Id.) The fourteen-day time period has 26 27 28 1 The two orders required plaintiff to file a completed form indicating whether he consents to or declines magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). 1 Dockets.Justia.com Case 1:20-cv-01210-DAD-GSA Document 11 Filed 08/02/21 Page 2 of 2 1 expired, and plaintiff has not filed objections or any other response to the findings and 2 recommendations. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 5 the court finds the findings and recommendations to be supported by the record and proper 6 analysis. 7 Accordingly, 8 1. 9 10 2021 (Doc. No. 8), are adopted in full; 2. 11 12 13 The findings and recommendations issued by the magistrate judge on April 9, This action is dismissed, without prejudice, for plaintiff’s failure to comply with court orders; and 3. The clerk of court is directed to assign a district judge to this case for the purposes of closure and then to close this case. 14 15 16 IT IS SO ORDERED. Dated: July 30, 2021 UNITED STATES DISTRICT JUDGE 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.