(PC)Wallace v. White ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JAMES WALLACE, II, No. 1:20-cv-00844 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING 13 v. THAT JOHN DOE BE DISMISSED WITHOUT PREJUDICE 14 J. WHITE, et al., (Doc. 54) 15 Defendants. 16 17 On February 8, 2022, the magistrate judge issued Findings and Recommendations that 18 Defendant John Doe be dismissed without prejudice. (Doc. 54.) The magistrate judge observed 19 that despite the case pending since June 2020 and discovery being opened on the identity of “John 20 Doe,” Plaintiff failed to identify the defendant or provide the Marshal with accurate and sufficient 21 information to effect service. (Id. at 3.) The magistrate judge recommended the dismissal, 22 without prejudice, due to Plaintiff’s failure to serve, failure to prosecute, and failure to obey the 23 Court’s order to show cause. (Id. at 4-5.) The Court served the Findings and Recommendations 24 on the parties, which contained notice that any objections thereto were to be filed within twenty- 25 one days from the date of service. (Id. at 5.) In addition, the parties were advised that failure to 26 timely file objections “may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. 27 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 28 1991).) To date, no objections have been filed and the deadline to do so has passed. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de 2 | novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 3 | Findings and Recommendations are supported by the record and by proper analysis. Accordingly, 4 | the Court ORDERS: 5 1. The Findings and Recommendations dated February 8, 2022 (Doc. 54) are 6 ADOPTED in full; and 7 2. Defendant John Doe is DISMISSED from this action without prejudice. 8 9 IT IS SO ORDERED. 10 | Dated: _ March 22, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28