M.J.V. v. City of Avenal

Filing 21

ORDER ADOPTING 19 FINDINGS and RECOMMENDATIONS recommending that Plaintiff's case be dismissed without prejudice for failure to prosecute, signed by District Judge Dale A. Drozd on 3/12/2020. CASE CLOSED(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13

M.J.V., individually and as successor-ininterest to decedent SERGIO VELASCO
MARTINEZ, by and through his guardian
ad litem LIDIA JACINTO,
Plaintiff,

14
15
16
17

No. 1:18-cv-00863-DAD-EPG

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CASE

v.
(Doc. No. 19)
CITY OF AVENAL, et al.,
Defendants.

18
19

Minor plaintiff M.J.V., individually and as successor-in-interest to decedent Sergio

20

Velasco Martinez, by and through his guardian ad litem, Lidia Jacinto, brings this civil rights

21

action against defendants City of Avenal and Does 1 through 50 pursuant to 42 U.S.C. § 1983 and

22

state law. (Doc. No. 1.) This action stems from an incident that resulted in the death of Sergio

23

Velasco Martinez, allegedly at the hands of Avenal police officers. (Id.) The matter was referred

24

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

25

On September 25, 2019, the assigned magistrate judge issued findings and

26

recommendations, recommending that this case be dismissed without prejudice due to plaintiff’s

27

failure to prosecute. (Doc. No. 19 at 3.) The findings and recommendations were served on both

28

parties and contained notice that any objections thereto were to be filed within thirty (30) days of
1

1

service of the order. (Id. at 3–4.) No objections have been filed, and the time in which to do so

2

has long–since passed.

3

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

4

court has conducted a de novo review of this matter. Having carefully reviewed the entire file,

5

the court concludes that the findings and recommendations are supported by the record and

6

proper analysis.

7

Accordingly:

8

1.

9
10

are adopted in full;
2.

11
12
13
14

The findings and recommendations issued on September 25, 2019 (Doc. No. 19),

This action is dismissed without prejudice due to plaintiff’s failure to prosecute
this action; and

3.

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

IT IS SO ORDERED.
Dated:

March 12, 2020
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2