(PC) Dubrin et al v. Bonilla
Filing
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ORDER Adopting #167 FINDINGS AND RECOMMENDATIONS, and DENYING Plaintiff Hall's Request to Rescind Settlement signed by District Judge Dale A. Drozd on 7/13/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DUBRIN et al.,
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No. 1:11-cv-01484-DAD-JLT
Plaintiffs,
v.
MICHAEL STAINER et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
PLAINTIFF HALL’S REQUEST TO
RESCIND SETTLEMENT
Defendants.
(Doc. Nos. 155, 159, 160, 167, 168, 170)
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This is a civil rights action under 42 U.S.C. § 1983, involving multiple plaintiffs and
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multiple defendants, which was filed on September 2, 2011. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 6, 2017, the assigned magistrate judge issued findings and recommendations,
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recommending that plaintiffs Joaquin Coronado and Aaron Prange be dismissed from this action
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due to their failure to prosecute this case. (Doc. No. 167.) That recommendation was based
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upon the fact the court had granted their counsel’s motion to withdraw because the two plaintiffs
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had ceased communicating with their counsel and then failed to respond to the court’s order to
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show cause as to why they should not be dismissed as having abandoned the litigation. (Id.) The
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day after the findings and recommendations were issued, plaintiffs’ counsel filed a motion to
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vacate his motion to withdraw as counsel for plaintiff Coronado because the two had resumed
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contact. (Doc. No. 160.) Consequently, on May 2, 2017, the magistrate judge issued an order (1)
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striking its prior order granting counsel’s motion to withdraw—solely as to plaintiff Coronado;
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(2) discharging its prior order to show cause—solely as to plaintiff Coronado; and (3) striking
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portions of the findings and recommendations—solely as to plaintiff Coronado. (Doc. No. 170.)
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That order was served on the same date and gave plaintiff Prange twenty-one additional days in
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which to file objections to the April 6, 2017 findings and recommendations. (Id.) Despite lapse
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of more than the allowed time, no objections have been filed. Local Rule 304(b) & (d).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
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and recommendations to be supported by the record and by proper analysis.
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Accordingly,
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1. The April 7, 2017 findings and recommendations (Doc. No. 167) are adopted as
modified by the court’s May 2, 2017 (Doc. No. 170);
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2. Plaintiff Aaron Prange and all claims brought on his behalf are dismissed with
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prejudice from this action due to his failure to prosecute this action;
3. The Clerk of the Court is directed to terminate plaintiff Aaron Prange from the docket
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of this action;
4. The remaining parties are ordered to file a joint status report within thirty days of the
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date of service of this order.
IT IS SO ORDERED.
Dated:
July 13, 2017
UNITED STATES DISTRICT JUDGE
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