Moseley
(PC) Dicks v. Moseley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC DICKS, Case No.: 1:24-cv-0492 JLT HBK Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING THE
v. ACTION WITHOUT PREJUDICE, AND
DIRECTING THE CLERK OF COURT TO
H. MOSELEY, et al., CLOSE THE CASE
Defendants. (Doc. 13)
16 Eric Dicks seeks to hold the defendants liable for violations of his civil rights while incarcerated at Kern Valley State Prison. (See generally Doc. 1.) The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 13 at 1- 2.) The magistrate judge found terminating sanctions appropriate, after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). (Id. at 2-4.) Therefore, the magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 5.) The Court served these Findings and Recommendations on Plaintiff and…