(PC) Arrellano-Lopez v. Gonzales

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JORGE N. ARRELLANO-LOPEZ, ) Case No.: 1: 23-cv-0093 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 J. GONZALES, et al., ) THE CASE ) 15 Defendants. ) (Doc. 32) ) 16 )

17 Jorge Arrellano-Lopez seeks to hold the defendants liable for violations of his civil rights while 18 incarcerated at Pleasant Valley State Prison. (See Docs. 15, 20.) The magistrate judge found Plaintiff 19 failed to prosecute this action and failed to obey the Court’s order to file a statement regarding 20 scheduling and discovery. (Doc. 32 at 1-2; see also Docs. 29, 31.) The magistrate judge found 21 terminating sanctions are appropriate for these failures, after considering the factors identified by the 22 Ninth Circuit in Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). (Id. at 2-3.) Therefore, the 23 magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 3.) 24 The Court served the Findings and Recommendations on the parties and notified Plaintiff that 25 any objections were due within 30 days. (Doc. 32 at 3.) The Court advised Plaintiff that the “failure 26 to file objections within the specified time may result in the waiver of rights on appeal.” (Id. at 4, 27 citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, 28 and the time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated February 19, 2025 (Doc. 32) are 5 ADOPTED in full. 6 2. The action is DISMISSED without prejudice, due to Plaintiff's failure to prosecute an 7 failure to obey the Court’s order. 8 3. The Clerk of Court is directed to close this case. 9 10 IS SO ORDERED. Dated: _March 30, 2025 Charis [Tourn 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28