Opinion

(PC) Brown v. Sherman

Court
District Court, E.D. California
Filed
Nov 6, 2023
Cited by
0 cases
Authority
More cited than 18.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 LEON BROWN, Case No.: 1:21-cv-1327 JLT CDB (PC)

12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

13 v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

14 STUART SHERMAN, et al., CLOSE THE CASE

15 Defendants. (Doc. 17)

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17 Plaintiff seeks to hold defendants liable for violations of his civil rights pursuant to 42

18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28

19 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On October 16, 2023, the magistrate judge found Plaintiff failed to comply with the

21 Court’s order to file an amended complaint and failed to prosecute this action, and recommended

22 the action be dismissed without prejudice. (Doc. 17.) The Court granted Plaintiff fourteen days to

23 file any objections and informed him that the “failure to file objections within the specified time

24 may result in waiver of his rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834,

25 839 (9th Cir. 2014).) Plaintiff did not file objections and the deadline to do so expired.

26 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this

27 case. Having carefully reviewed the entire matter, the Court concludes the Findings and

1 1. The Findings and Recommendations issued on October 16, 2023 (Doc. 17) are

2 ADOPTED in full.

3 2. This action is DISMISSED without prejudice.

4 3. The Clerk of Court is directed to close this case.

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6 IT IS SO ORDERED.

7 | Dated: _November 6, 2023 Cerin | Tower

TED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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