(PC) Barnes v. Van Ness

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE DESHAWN BARNES, No. 1:20-cv-00625-JLT EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. THE ACTION WITH PREJUDICE VAN NESS, (Docs. 58, 60) Defendant. 16 Antoine Barnes seeks to hold Deputy Van Ness liable for a violation of his civil rights arising under the Eighth Amendment at Hanford County Jail pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 7, 2022, Defendant filed a motion to dismiss for Plaintiff’s failure to prosecute and/or comply with the Court’s order pursuant to Rule 37 of the Federal Rules of Civil Procedure. (Doc. 58.) Defendant also requested an award of attorney’s fees. (Id.) On March 11, 2022, the assigned magistrate judge found “Plaintiff failed to respond to Defendant’s discovery requests, meet and confer letters, and motion to…