Hanley
Hanley v. Wilkens
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
ROLLAND HANLEY, ) Case No.: 1:22-cv-0404 JLT SAB ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, GRANTING v. ) DEFENDANT’S MOTION TO DISMISS FOR ) LACK OF PROSECUTION, DISMISSING THE WILKENS, ) ACTION WITH PREJUDICE, AND DIRECTING ) THE CLERK OF COURT TO CLOSE THIS CASE Defendants. ) ) (Docs. 26, 29)
Rolland Hanley initiated this action while a detainee at the Merced County Jail, seeking to hold Officer Wilkens liable for excessive force in violation of his civil rights pursuant to 42 U.S.C. § 1983. (See generally Doc. 8.) Defendant moved to dismiss the action for lack of prosecution pursuant to Rule 41 of the Federal Rules of Civil Procedure and Local Rule 183(b). (Doc. 26.) Plaintiff did not oppose, or otherwise respond to, the motion. The magistrate judge observed that Defendant reported “it has been more than a year since Plaintiff’s mail began being returned…