(PC) Schowachert v. Polley

Filing 18

ORDER ADOPTING 12 Findings and Recommendations signed by District Judge Kirk E. Sherriff on 4/9/2024. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN PAUL FRANK SCHOWACHERT,

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Plaintiff,

No. 1:21-cv-01107-KES-HBK (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
Doc. 12
BILL POLLEY and ALL OFFICERS ON
DUTY ON JANUARY 13, 2017,
Defendant.

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Plaintiff John Paul Frank Schowachert filed this prisoner civil rights action against

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Defendant Bill Polley and All officers on Duty on January 13, 2017, under 42 U.S.C. § 1983.

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Doc. 1. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.

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On September 19, 2023, the magistrate judge issued findings and recommendations

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recommending the district court dismiss Plaintiff’s complaint without prejudice for failure to

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prosecute and failure to comply with court orders. Doc. 12. The findings and recommendations

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were served on Plaintiff and contained notice that any objections were to be filed within fourteen

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days of service. Id. at 5. On December 20, 2023, Plaintiff filed an untimely objection stating a

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prisoner transfer interfered with his ability to respond to the dismissal. See Doc. 15. On

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December 22, 2023, the magistrate judge interpreted Plaintiff’s untimely objection as a motion

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for an extension of time to respond to the August 4, 2023, Order to Show Cause (“OSC”) that

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became the basis of the recommendation for dismissal, and granted an extension. Doc. 16 at 1.

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Plaintiff was notified in the order granting an extension that if Plaintiff failed to respond to the

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OSC by January 22, 2024, the findings and recommendations would be considered as submitted

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for consideration without objection. Id. at 2. Plaintiff has failed to file any further response and

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the time to do so has passed. See docket.

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In accordance with 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of
this case. Having carefully reviewed the entire file, the Court finds the Findings and
Recommendations are supported by the record and proper analysis.

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Accordingly, it is ORDERED:

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1. The Findings and Recommendations issued September 19, 2023, Doc. 12, are

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ADOPTED IN FULL.

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2. This action is DISMISSED without prejudice.

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3. The Clerk of Court shall terminate any pending motions and close this case.

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IT IS SO ORDERED.
Dated:

April 9, 2024
UNITED STATES DISTRICT JUDGE

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