Berry

Berry v. Sinatra

Good Law
United States District Court, Eastern District of CaliforniaNovember 26, 20241:24-cv-00552California403 words

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 …

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