(PC) Navarro v. StClair ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERT NAVARRO, No. 1:20-cv-0524 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION WITH PREJUDICE 14 J. ST. CLAIR, et al., (Doc. 44) 15 Defendants. 16 17 Gilbert Navarro asserts he suffered violations of his Eighth Amendment rights while 18 incarcerated. (See generally Doc. 8.) Defendants filed a motion for summary judgment. (Doc. 19 38.) In the meanwhile, the assigned magistrate judge ordered Plaintiff to show cause why the 20 action should not be dismissed for his failure to prosecute. (Doc. 42.) Although Plaintiff did not 21 respond to the order, the magistrate judge discharged the order to show cause and ordered 22 Plaintiff to file an opposition to the motion for summary judgment or a notice of non-opposition, 23 within 30 days of the date of service of the order. (Doc. 43 at 3.) In addition, the Court advised 24 Plaintiff that the “failure to comply with this Order will result in a recommendation that this 25 case be dismissed with prejudice for a failure to prosecute.” (Id., emphasis in original.) 26 Plaintiff did not respond to the Court’s order. 27 The magistrate judge then found Plaintiff failed to prosecute the action and failed to obey the Court’s order. (Doc. 44.) Therefore, the Court recommended the action be dismissed with 1 | prejudice. Ud. at 4.) The Court granted 14 days from the date of service for Plaintiff to file any 2 | objections to the Findings and Recommendations and advised him that the “failure to file 3 || objections within the specified time may result in waiver of his rights on appeal.” (d., citing 4 | Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 5 | (9th Cir. 1991).) Plaintiff has not filed any objections, and the time do so has passed. 6 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 7 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 8 | Recommendations are supported by the record and proper analysis. Based on the foregoing, the 9 | Court ORDERS: 10 1. The findings and recommendations issued on June 14, 2022 (Doc. 44) are 11 ADOPTED in full. 12 2. This action is DISMISSED with prejudice. 13 3. Defendants’ motion for summary judgment (Doc. 38) is terminated as moot. 14 4. The Clerk of Court is directed to close this case. 15 16 IT IS SO ORDERED. 17 | Dated: _July 6, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28