(PC) Gaeta v. Sherman et al, No. 1:2020cv01630 - Document 16 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 15 Findings and Recommendations to Dismiss Action, without Prejudice, for Failure to Obey Court Orders and Failure to Prosecute, signed by District Judge Dale A. Drozd on 12/08/2021. CASE CLOSED. (Maldonado, C)

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(PC) Gaeta v. Sherman et al Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS GAETA, 12 Plaintiff, 13 14 No. 1:20-cv-01630-NONE-BAM (PC) v. SHERMAN, et al., 15 Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE (Doc. No. 15) 17 18 Plaintiff Luis Gaeta is a state prisoner proceeding pro se in this civil rights action pursuant 19 to 42 U.S.C. § 1983. This action was removed to this court on November 12, 2020 and was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On August 2, 2021, the assigned magistrate judge issued a screening order granting 23 plaintiff leave to file a first amended complaint or to notify the court of his willingness to proceed 24 only on the cognizable claim identified by the court within thirty (30) days. (Doc. No. 11.) 25 Plaintiff was warned that failure to comply with the court’s order would result in a 26 recommendation for dismissal of this action, without prejudice, for failure to obey a court order 27 and for failure to prosecute. (Id. at 14.) Following an extension of time, plaintiff did respond to 28 the court’s orders or otherwise communicate with the court. 1 Dockets.Justia.com 1 Therefore, on November 9, 2021, the magistrate judge issued findings and 2 recommendations recommending dismissal of this action, without prejudice, for failure to obey 3 court orders and failure to prosecute this action. (Doc. No. 15.) Those findings and 4 recommendations were served on the parties and contained notice that any objections thereto 5 were to be filed within fourteen days after service. (Id. at 3–4.) No objections have been filed, 6 and the deadline to do so has now passed. 7 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 8 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 9 magistrate judge’s findings and recommendations are supported by the record and by proper 10 analysis. 11 Accordingly, 12 1. 13 14 are adopted in full; 2. 15 16 The findings and recommendations issued on November 9, 2021, (Doc. No. 15), This action is dismissed, without prejudice, due to plaintiff’s failure to obey court orders and failure to prosecute; and 3. 17 The Clerk of the Court is directed to assign a district judge to this case for the purpose of closing the case and then to close this case. 18 19 20 IT IS SO ORDERED. Dated: December 8, 2021 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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