Doer

(PC) Gonzales v. Doer

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20251:24-cv-01558California394 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ALEXIS AVILA GONZALES, ) Case No.: 1:24-cv-1558 JLT BAM (PC) ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE J. DOERER, et al., ) THE CASE ) Defendants. ) (Doc. 6) )

Alexis Avila Gonzales seeks to hold the defendants, including the Warden of United States Penitentiary Atwater and several employees at the penitentiary, liable for violations of his civil rights. The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 6 at 1-2.) The magistrate judge found terminating sanctions are appropriate, after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). (Id. at 2-3.) Thus, the magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 4.) …

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