Clendenin
David Jakubowski v. Stephanie Clendenin, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID JAKUBOWSKI, No. 1:23-cv-01087 JLT SKO Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
v. FOR FAILURE TO OBEY COURT
ORDERS AND FAILURE TO
STEPHANIE CLENDENIN, et al., PROSECUTE
Defendants. (Doc. 22)
16 17 David Jakubowski seeks to hold the defendant liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. The magistrate judge issued Findings and Recommendations regarding Plaintiff’s failure to obey court orders and failure prosecute for failing to oppose Defendant Price’s motion to dismiss. (Doc. 22.)1 The magistrate judge found terminating sanctions were appropriate after considering the factors identified by the Ninth Circuit in Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988). (Id. at 2-5.) Therefore, the magistrate judge recommended the Court dismiss the action without prejudice for Plaintiff’s failure to obey court orders and failure to prosecute. (Id. at 5.) 26…