Reno Rios v. Gipson et al

Filing 75

ORDER ADOPTING 73 Findings and Recommendations and Dismissing Action, With Prejudice, for Failure to Prosecute and Failure to Obey a Court Order signed by District Judge Dale A. Drozd on 9/19/2021. CASE CLOSED. (Jessen, A)

Case 1:14-cv-00520-DAD-BAM Document 75 Filed 09/20/21 Page 1 of 3
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RENO FUENTES RIOS,

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No. 1:14-cv-00520-NONE-BAM (PC)

Plaintiff,

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v.

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GIPSON, et al.,

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION, WITH PREJUDICE, FOR FAILURE
TO PROSECUTE AND FAILURE TO OBEY
A COURT ORDER
(Doc. No. 73)

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Plaintiff Reno Fuentes Rios is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Defendants filed a motion for summary judgment on July 21, 2020. (Doc. No. 62.)

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Plaintiff was provided with notice of the requirements for opposing a motion for summary

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judgment, (Doc. No. 62-1), and was later granted an extension of time to file his opposition,

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(Doc. No. 66).

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On September 11, 2020, plaintiff filed a “motion to postpone defendants’ motion for

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summary judgment pending the resolution of material evidence withheld by defendants.” (Doc.

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No. 67.) Defendants filed an opposition on October 2, 2020, (Doc. No. 68), and the court did not

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receive a reply from plaintiff. On February 17, 2021, the assigned magistrate judge issued an
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Case 1:14-cv-00520-DAD-BAM Document 75 Filed 09/20/21 Page 2 of 3
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order granting in part and denying in part plaintiff’s motion, and providing plaintiff a final

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opportunity to file a response to the summary judgment motion. (Doc. No. 69.)
Following plaintiff’s failure to file an opposition or otherwise communicate with the

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court, on April 6, 2021 the magistrate judge issued an order for plaintiff to show cause why this

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action should not be dismissed, with prejudice, due to his failure to prosecute this action. (Doc.

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No. 70.) Plaintiff was informed that he could comply with the court’s order by filing his

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opposition to the summary judgment motion. Plaintiff was also warned that if he failed to comply

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with the court’s order, this matter would be dismissed, with prejudice, for failure to prosecute.

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(Id.) Plaintiff filed two responses to the order to show cause, on April 21, 2021 and April 22,

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2021. (Doc. Nos. 71, 72.)

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On August 18, 2021, the magistrate judge issued findings and recommendations

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recommending dismissal of this action, with prejudice, for failure to prosecute and failure to obey

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a court order, due to plaintiff’s failure to file an opposition in response to defendants’ motion for

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summary judgment. (Doc. No. 73.) Those findings and recommendations were served on the

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parties and contained notice that any objections thereto were to be filed within fourteen days after

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service. (Id. at 5–6.) Plaintiff timely filed objections on September 7, 2021. (ECF No. 74.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a

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de novo review of the case, including plaintiff’s objections. Having carefully reviewed the entire

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file, the court concludes that the magistrate judge’s findings and recommendations are supported

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by the record and by proper analysis. Plaintiff’s objections fail to materially address the

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magistrate judge’s reasoning and/or recommendations.

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Accordingly,

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1.

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The findings and recommendations issued on August 18, 2021, (Doc. No. 73), are
adopted in full;

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2.

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This action is dismissed, with prejudice, due to plaintiff’s failure to prosecute and
failure to obey a court order; and

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/////

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/////
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3.

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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.

IT IS SO ORDERED.
Dated:

September 19, 2021
UNITED STATES DISTRICT JUDGE

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