Selsor v. Weaver et al
ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DISMISSING All Claims Against Defendant Castaneda; ORDER DISMISSING Defendant Castaneda From This Action; and ORDER TERMINATING 24 Defendant Castaneda's Motion for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 6/2/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASTANEDA, et al.,
Case No. 1:15-cv-00918-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
DISMISSAL OF DEFENDANT CASTANEDA
AND ALL CLAIMS AGAINST HIM, WITH
PREJUDICE, FOR FAILURE TO
PROSECUTE AND FAILURE TO OBEY A
(ECF No. 26)
Plaintiff Jeffrey Selsor (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Docanto and
Jordan for allegedly attacking Plaintiff on September 20, 2014, and against Defendant Castaneda
for the failure to protect Plaintiff from the attack in violation of the Eighth Amendment.
On January 31, 2017, Defendant Castaneda filed a motion for summary judgment. (ECF
No. 24.) Plaintiff was provided with notice of the requirements for opposing a motion for
summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d
952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). (ECF
No. 24-5.) Plaintiff failed to file an opposition. On March 13, 2017, the Court ordered Plaintiff
to file an opposition or statement of non-opposition to Defendant Castaneda’s motion within
thirty (30) days of service of that order. (ECF No. 25.) Plaintiff was warned that “the failure to
comply with this order will result in dismissal of this action, with prejudice, for failure to
prosecute and failure to obey a court order.” (Id. at 2.) Plaintiff failed to file an opposition to the
motion for summary judgment, or any response to the Court’s order.
On May 3, 2017, the assigned magistrate judge issued findings and recommendations
recommending dismissal of Defendant Castaneda and all claim(s) against him, with prejudice, for
failure to prosecute and failure to obey a court order. (ECF No. 26.) Those findings and
recommendations were served on Plaintiff and contained notice that any objections thereto were
to be filed within fourteen (14) days after service. (Id.) No objections have been filed and
Plaintiff has not otherwise communicated with this Court.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the Court finds the
findings and recommendations to be supported by the record and by proper analysis.
1. The findings and recommendations issued on May 3, 2017 (ECF No. 26), are adopted
2. All claim(s) against Defendant Castaneda are dismissed from this action, with
prejudice, for failure to prosecute and failure to obey a court order;
3. Defendant Castaneda is dismissed from this action;
4. The Clerk of the Court is directed to terminate Defendant Castaneda’s pending motion
for summary judgment (ECF No. 24); and
5. The matter is referred back to the assigned magistrate for proceedings consistent with
IT IS SO ORDERED.
June 2, 2017
/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE
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