Damon Newquist v. Soa et al

Filing 43

ORDER ADOPTING 42 Findings and Recommendations signed by District Judge Dale A. Drozd on 03/04/2020. CASE CLOSED.(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DAMON NEWQUIST,

12

Plaintiff,

13
14

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. Nos. 40, 42)

SOA; CHEN,

15

No. 1:17-cv-01150-NONE-SKO (PC)

Defendants.

16
Plaintiff Damon Newquist is a state prisoner proceeding pro se and in forma pauperis in

17
18

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

19

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

20

On December 3, 2019, the assigned magistrate judge issued an order granting the

21

defendants’ motion to compel plaintiff’s deposition and responses to defendants’ written

22

discovery requests. (Doc. No. 39.) The magistrate judge also ordered plaintiff to show cause in

23

writing, within 21 days, why this action should not be dismissed due to his failure to prosecute.

24

(Id.) Plaintiff failed to respond to defendants’ discovery requests, appear for his deposition, or

25

respond to the court’s order to show cause as required. Accordingly, on December 31, 2019, the

26

defendants filed a motion to dismiss this action with prejudice due to plaintiff’s failure to

27

prosecute this action. (Doc. No. 40.)

28

/////

1

On February 4, 2020, the magistrate judge issued findings and recommendations,

2

recommending that defendants’ motion to dismiss be granted and this action dismissed with

3

prejudice. (Doc. No. 42.) The findings and recommendations were served on plaintiff and

4

contained notice that any objections thereto were to be filed within 14 days of service. (Id. at 2.)

5

Plaintiff has not filed objections and the time do so has passed.

6

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

7

de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

8

and recommendations to be supported by the record and proper analysis.

9
10

Accordingly,
1.

11

The findings and recommendations issued on February 4, 2020 (Doc. No. 42) are
adopted in full;

12

2.

Defendants’ motion to dismiss (Doc. No. 40) is granted;

13

3.

This action is dismissed with prejudice due to plaintiff’s failure to prosecute and

14
15
16
17
18

obey court orders; and,
4.

The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.
Dated:

March 4, 2020
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2