(PC) Sherman v. Ramadan ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN SHERMAN, No. 1:20-cv-01609 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Doc. 36) 14 RAMADAN, ORDER DISMISSING MATTER FOR FAILURE TO PROSECUTE AND FAILURE 15 Defendant. TO OBEY COURT ORDER 16 ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS 17 MOOT (Doc. 28) 18 19 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights 20 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On January 29, 2024, the magistrate judge issued Findings and Recommendations to 23 dismiss this action for failure to prosecute and failure to obey a court order. (Doc. 36.) The 24 Court served the Findings and Recommendations on the Plaintiff and notified him that any 25 objections were due within 14 days. (Id. at 3–4 (citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 26 1991)); see also Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014). Plaintiff did not file 27 objections, and the time to do so has passed. 28 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 1 | case. Having carefully reviewed the matter, the Court concludes the Findings and 2 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. The findings and recommendations issued January 29, 2024 (Doc. 36), are hereby 4 | ADOPTED IN FULL. 5 2. This matter is DISMISSED for failure to prosecute and for failure to obey a court 6 | order. See Fed. R. Civ. P. 41(b); see also Local Rule 110. 7 3. Defendant’s motion for summary judgment (Doc. 28) is DENIED as moot. 8 4. The Clerk of Court is directed to CLOSE this case. 9 10 IT IS SO ORDERED. Dated: _ February 20, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28