(PC)Facundo v. Hill et al, No. 1:2022cv00285 - Document 13 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 12 Findings and Recommendations to Dismiss Action Without Prejudice for Failure to Obey Court Orders and Failure to Prosecute, signed by District Judge Jennifer L. Thurston on 5/24/2023. CASE CLOSED. (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 1:22-cv-0285 JLT SKO (PC) JOE FACUNDO, Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE Defendants. (Doc. 12) v. HILL, et al., 16 17 Joe Facundo seeks to hold the defendants liable for civil rights violations pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Because Plaintiff failed to obey the Court’s order and failed to prosecute this action, the 21 magistrate judge recommended the action be dismissed without prejudice. (Doc. 12.) at 4.) These 22 Findings and Recommendations were served by mail on May 1, 2023. They informed Plaintiff 23 that any objections were due within 14 days of the date of service. (Id.) In addition, the Court 24 advised Plaintiff that the “failure to file objections within the specified time may result in waiver 25 of his rights on appeal.” (Id. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 26 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). To date, Plaintiff has not filed 27 objections, and the time to do so has expired. 28 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 1 case. Having carefully reviewed the matter, the Court concludes the Findings and 2 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. 4 5 ADOPTED in full. 2. 6 7 The Findings and Recommendations issued on May 1, 2023 (Doc. 12) are The action is DISMISSED, without prejudice, for Plaintiff’s failure to obey court orders and failure to prosecute. 3. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: May 24, 2023 11 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.