(PC) Kasianov v. Gamboa et al

Filing 25

ORDER signed by District Judge Dale A. Drozd on 11/25/24 ADOPTING 24 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED. (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLEKSANDR KASIANOV,

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No. 2:22-cv-01142-DAD-DMC (PC)

Plaintiff,
v.
MARTIN GAMBOA, et al.,
Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DIDMISSING
ACTION DUE TO PLAINTIFF’S FAILURE
TO PROSECUTE AND FAILURE TO
COMPLY WITH A COURT ORDER
(Doc. No. 24)

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Plaintiff Oleksandr Kasianov is a former state prisoner proceeding pro se and in forma

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pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred

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

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On December 19, 2023, the assigned magistrate judge issued findings and

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

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failure to prosecute this action and failure to comply with a court order. (Doc. No. 24.)

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Specifically, on August 15, 2023, the magistrate judge dismissed plaintiff’s first amended

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complaint and directed him to file a second amended complaint within thirty (30) days of the

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entry of that order. (Doc. No. 16.) On September 15, 2023 and October 23, 2023, the court

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granted plaintiff extensions of thirty (30) days to file his second amended complaint. (Doc. Nos.

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19, 23.) Plaintiff has not filed a second amended complaint to proceed with this action and the
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deadline in which to do so has passed. In addition, the findings and recommendations were

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served upon plaintiff and contained notice that any objections thereto were to be filed within

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fourteen (14) days after service. (Doc. No. 24 at 2.) To date, plaintiff has also not filed any

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objections and the time in which to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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pending findings and recommendations are supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on December 19, 2023 (Doc. No. 24)
are adopted in full;

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2.

This action is dismissed, without prejudice; and

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3.

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

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IT IS SO ORDERED.

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Dated:

November 25, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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