Clendenin

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID JAKUBOWSKI, No. 1:23-cv-01087 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

13 v. FOR FAILURE TO OBEY COURT

ORDERS AND FAILURE TO

14 STEPHANIE CLENDENIN, et al., PROSECUTE

15 Defendants. (Doc. 22)

16 17 18 David Jakubowski seeks to hold the defendant liable for violations of his civil rights 19 pursuant to 42 U.S.C. § 1983. The magistrate judge issued Findings and Recommendations 20 regarding Plaintiff’s failure to obey court orders and failure prosecute for failing to oppose 21 Defendant Price’s motion to dismiss. (Doc. 22.)1 The magistrate judge found terminating 22 sanctions were appropriate after considering the factors identified by the Ninth Circuit in Carey v. 23 King, 856 F.2d 1439, 1440 (9th Cir. 1988). (Id. at 2-5.) Therefore, the magistrate judge 24 recommended the Court dismiss the action without prejudice for Plaintiff’s failure to obey court 25 orders and failure to prosecute. (Id. at 5.) 26…