Berry
Berry v. Sinatra
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RAMSEY BERRY, Case No.: 1:24-cv-0552 JLT EPG Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL,
v. DISMISSING THE ACTION WITHOUT
PREJUDICE, TERMINATING DEFENDANTS’
SINATRA, et al., MOTION FOR JUDGMENT ON THE
PLEADINGS AS MOOT, AND DIRECTING
Defendants. THE CLERK OF COURT TO CLOSE THE
CASE
16 (Docs. 7, 13) 17 Ramsey Berry initiated this action by filing a complaint in Tulare County Superior Court, which the defendants removed to this Court in May 2024. The magistrate judge found Plaintiff failed to prosecute the action and failed to comply with the Court’s order. (Doc. 13 at 1-2.) The magistrate judge found dismissal of this action without prejudice was appropriate, after considering the factors identified by the Ninth Circuit in Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). (Id. at 3-4.) The Court served these Findings and Recommendations on the parties and notified 25 …