Budd v. Harrison

No. 2:23-cv-2313 KJM CSK P (E.D. Cal. Mar. 14, 2025) · United States District Court for the Eastern District of California · March 17, 2025 · No. 2:23-cv-2313 KJM CSK P

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after no party filed objections. The court dismissed the prisoner’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute.

Holdings

  1. The district court adopted the magistrate judge's findings and recommendations in full because they were supported by the record and the magistrate judge's analysis, and no party filed objections.
  2. The action was dismissed without prejudice based on plaintiff's failure to prosecute.

Questions Presented

  1. Whether the magistrate judge's findings and recommendations should be adopted when neither party filed objections.
  2. Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.

Disposition

dismissed

Cases Cited (2)

  • Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979)(followed)
  • Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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