Clendenin

David Jakubowski v. Stephanie Clendenin, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20251:23-cv-01087California425 words

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…

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