McVay v. Rodriguez

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in Darron McVay’s 42 U.S.C. § 1983 action. The court dismissed the action without prejudice for failure to obey a court order and failure to prosecute, and directed the Clerk of Court to close the case.

Holdings

1. The district court adopted the findings and recommendations in full after conducting de novo review and determining that they were supported by the record and proper analysis.
2. The action was dismissed without prejudice because Plaintiff failed to obey a court order and failed to prosecute the action.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the action without prejudice for failure to obey a court order and failure to prosecute should be adopted.
2. Whether terminating sanctions were appropriate under the applicable Ninth Circuit factors.

Disposition

dismissed