(PC) Hernandez v. Macomber et al
Filing
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ORDER signed by Chief District Judge Troy L. Nunley on 01/24/25 ADOPTING 38 Findings and Recommendations in full, DENYING 33 Motion for Summary Judgment without prejudice, and DISMISSING case without prejudice based on Plaintiff's failure to prosecute and failure to follow court orders. CASE CLOSED. (Deputy Clerk AJB)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALFREDO HERNANDEZ,
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Plaintiff,
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v.
No. 2:22-cv-00964-TLN-SCR
ORDER
JEFF MACOMBER, et al.,
Defendants.
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Plaintiff Alfredo Hernandez (“Plaintiff”), a former state prisoner proceeding pro se, filed
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this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On December 11, 2024, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within twenty-one days. (ECF No. 38.)
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Neither party filed objections to the findings and recommendations.
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations (ECF No. 38) are ADOPTED IN FULL;
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2. Defendants’ Motion for Summary Judgment (ECF No. 33) is DENIED without
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prejudice;
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3. This case is dismissed without prejudice based on Plaintiff’s failure to prosecute and
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failure to follow court orders, Fed. R. Civ. P. 41; E.D. Cal. L.R. 110; and
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4. The Clerk of Court shall close this case.
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IT IS SO ORDERED.
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Date: January 24, 2025
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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE
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