(PC) Jakubowski v. Clendenin

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID JAKUBOWSKI, Case No. 1:23-cv-1156 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 STEPHANIE CLENDENIN, et al., CLOSE THIS CASE 15 Defendants. (Doc. 12) 16 17 Plaintiff seeks to hold the defendants liable for violations of his civil rights while housed 18 at the Department of State Hospitals- Coalinga. (See Docs. 7, 8.) The magistrate judge found 19 Plaintiff failed to comply with the Court’s orders and failed to prosecute the action. (Doc. 12 at 20 1-2.) The magistrate judge considered the factors identified by the Ninth Circuit in Henderson v. 21 Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986), and found terminating sanctions are appropriate. 22 (Id. at 3-4.) Therefore, the magistrate judge recommended the Court dismiss the action “without 23 prejudice for Plaintiff’s failure to obey court orders and failure to prosecute.” (Id. at 4.) 24 The Court served the Findings and Recommendations on Plaintiff and notified her that 25 any objections were due within 14 days. (Doc. 24 at 4.) The Court advised Plaintiff that the 26 “failure to file objections within the specified time may result in the waiver of certain rights on 27 appeal.” (Id. at 5, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff 28 did not file objections, 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 3 | are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on May 30, 2025 (Doc. 12) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice for Plaintiff's failure to obey court 7 orders and failure to prosecute. 8 3. The Clerk of Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: _ June 20, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28