(PC) Hernandez v. Macomber et al, No. 2:2022cv00964 - Document 39 (E.D. Cal. 2025)

Court Description: ORDER signed by Chief District Judge Troy L. Nunley on 01/24/25 ADOPTING 38 Findings and Recommendations in full, DENYING 33 Motion for Summary Judgment without prejudice, and DISMISSING case without prejudice based on Plaintiff's failure to prosecute and failure to follow court orders. CASE CLOSED. (Deputy Clerk AJB)

Download PDF
(PC) Hernandez v. Macomber et al Doc. 39 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALFREDO HERNANDEZ, 12 Plaintiff, 13 14 15 v. No. 2:22-cv-00964-TLN-SCR ORDER JEFF MACOMBER, et al., Defendants. 16 17 Plaintiff Alfredo Hernandez (“Plaintiff”), a former state prisoner proceeding pro se, filed 18 this civil rights action seeking relief under 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 December 11, 2024, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. (ECF No. 38.) 23 Neither party filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations (ECF No. 38) are ADOPTED IN FULL; 28 2. Defendants’ Motion for Summary Judgment (ECF No. 33) is DENIED without 1 Dockets.Justia.com 1 prejudice; 2 3. This case is dismissed without prejudice based on Plaintiff’s failure to prosecute and 3 failure to follow court orders, Fed. R. Civ. P. 41; E.D. Cal. L.R. 110; and 4 4. The Clerk of Court shall close this case. 5 IT IS SO ORDERED. 6 Date: January 24, 2025 7 8 9 10 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 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.