(PC) Cortinas v. Vasquez et al

Filing 174

ORDER ADOPTING 173 Findings and Recommendations to Dismiss Action for Plaintiff's Failure to Obey Court Orders and Failure to Prosecute signed by District Judge Jennifer L. Thurston on 08/29/2024. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION FOR PLAINTIFF’S FAILURE TO
OBEY COURT ORDERS AND FAILURE TO
PROSECUTE

Defendants.

(Doc. 173)

v.
VASQUEZ, et al.,

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Case No. 1:19-cv-00367-JLT-SKO (PC)

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Larry William Cortinas seeks to hold defendants liable for violations of his civil rights

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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
The assigned magistrate judge recommended this action be dismissed for Plaintiff’s

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failure to obey court orders and failure to prosecute, addressing Plaintiff’s failure to keep the

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Court apprised of his current address. (Doc. 173.) The magistrate judge advised Plaintiff that the

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“failure to file objections within the specified time may result in waiver of his rights on appeal.”

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(Id. at 5-6, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923

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F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days have passed, yet no objections have been

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filed.

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According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this
case. Having carefully reviewed the matter, the Court concludes the Findings and

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Recommendations to be supported by the record and proper analysis. Accordingly, the Court

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ORDERS:

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1.

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ADOPTED in full.
2.

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The Findings and Recommendations issued on August 9, 2024 (Doc. 173) are

This action is DISMISSED without prejudice for Plaintiff’s failure to obey court
orders and failure to prosecute.

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The Clerk of the Court is directed to terminate all pending motions and to close this
case.

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IT IS SO ORDERED.
Dated:

August 29, 2024

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