(PC) Godinez v. Algazzaly ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL GODINEZ, Case No. 1:19-cv-1746 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THIS 13 v. ACTION FOR PLAINTIFF’S FOR FAILURE TO OBEY THE COURT’S ORDER AND 14 A. HERRICK, et al., FAILURE TO PROSECUTE 15 Defendants. (Doc. 54) 16 17 Rafael Godinez seeks to hold the defendants liable for civil rights violations pursuant to 18 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to obey the Court’s order and failed 19 to prosecute this action. (Doc. 54.) Therefore, the magistrate judge recommended the action be 20 dismissed without prejudice. (Id. at 4.) The Court served the Findings and Recommendations on 21 the parties and provided 14 days to file objections. (See id. at 5.) The Court advised Plaintiff that 22 the “failure to file objections within the specified time may result in waiver of his rights on 23 appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 24 923 F.2d 1391, 1394 (9th Cir. 1911). To date, the parties have not filed objections, and the time to 25 do so has expired. 26 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 27 case. Having carefully reviewed the matter, the Court concludes the Findings and 28 Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 1 1. The findings and recommendations issued on March 10, 2023 (Doc. 54) are 2 ADOPTED in full. 3 2. The action is DISMISSED, without prejudice, for Plaintiffs failure to obey court 4 orders and failure to prosecute. 5 3. The Clerk of the Court is directed to terminate all pending motions and to close this 6 case. 7 g IT IS SO ORDERED. 9 | Dated: _ March 31, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28