Berry v. Sinatra et al

Filing 14

ORDER ADOPTING 13 Findings and Recommendations in Full, Dismissing the Action without Prejudice, Terminating Defendants' Motion for Judgment on the Pleadings as Moot, and Directing the Clerk of Court to Close the Case, signed by District Judge Jennifer L. Thurston on 11/25/2024. CASE CLOSED. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMSEY BERRY,
Plaintiff,

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v.

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SINATRA, et al.,

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Defendants.

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Case No.: 1:24-cv-0552 JLT EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL,
DISMISSING THE ACTION WITHOUT
PREJUDICE, TERMINATING DEFENDANTS’
MOTION FOR JUDGMENT ON THE
PLEADINGS AS MOOT, AND DIRECTING
THE CLERK OF COURT TO CLOSE THE
CASE
(Docs. 7, 13)

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Ramsey Berry initiated this action by filing a complaint in Tulare County Superior Court,

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which the defendants removed to this Court in May 2024. The magistrate judge found Plaintiff

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failed to prosecute the action and failed to comply with the Court’s order. (Doc. 13 at 1-2.) The

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magistrate judge found dismissal of this action without prejudice was appropriate, after

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considering the factors identified by the Ninth Circuit in Pagtalunan v. Galaza, 291 F.3d 639,

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642 (9th Cir. 2002). (Id. at 3-4.)

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The Court served these Findings and Recommendations on the parties and notified

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Plaintiff that any objections were due within 30 days. (Doc. 13 at 4.) The Court advised Plaintiff

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that the “[f]ailure to file objections within the specified time may result in the waiver of rights on

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appeal.” (Id. at 5, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Neither

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Plaintiff nor Defendants filed objections, and the time to do so expired.

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According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

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Having carefully reviewed the matter, the Court concludes the Findings and Recommendations

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are supported by the record and proper analysis. Plaintiff has not taken any action in this matter

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following removal from the Tulare County Superior Court. Thus, the Court ORDERS:

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1.

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The Findings and Recommendations issued on October 10, 2024 (Doc. 13) are
ADOPTED in full.

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This action is DISMISSED without prejudice for Plaintiff’s failure to prosecute and
failure to obey the Court’s order.

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3.

Defendants’ motion for judgment on the pleadings (Doc. 7) is terminated as MOOT.

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4.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 25, 2024

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