Jeremy Xavier Sanchez v. Kern County Sheriff’s Department
Jeremy Xavier Sanchez v. Kern County Sheriff’s Department
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY XAVIER SANCHEZ, No. 1:25-cv-01158-JLT-BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY A COURT ORDER 14 KERN COUNTY SHERIFF’S AND FOR FAILURE TO PROSECUTE DEPARTMENT, 15 (Doc. 8) Defendant. 16 17 Plaintiff Jeremy Xavier Sanchez is a county jail inmate proceeding pro se in this civil 18 rights action pursuant to
42 U.S.C. § 1983. This action was referred to a United States Magistrate 19 Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Plaintiff initiated this action on September 8, 2025, together with a motion to proceed in 21 forma pauperis. (Docs. 1, 2.) On September 10, 2025, the assigned magistrate judge ordered 22 Plaintiff to file a certified copy of his inmate trust account statement for the past six months or, in 23 the alternative, pay the $405.00 filing fee for this action within thirty days of service. (Doc. 4.) 24 The Court warned Plaintiff that failure to comply with the order would result in dismissal of this 25 action without prejudice. (Id. at 2.) Plaintiff did not file a trust account statement or pay the 26 filing fee. Therefore, on October 28, 2025, the magistrate judge issued findings and 27 recommendations recommending dismissal of this action, without prejudice, for failure to obey a 28 Court order and failure to prosecute. (Doc. 8.) The Court served the findings and 1 || recommendations on Plaintiff and notified him that any objections were due within fourteen days. 2 | Ud. at 3-4.) The Court also advised Plaintiff that failure to file objections within the specified 3 || time may result in the waiver of the “right to challenge the magistrate’s factual findings” on 4 | appeal. Ud. at 4 (citing Wilkerson v. Wheeler,
772 F.3d 834, 838-39(9th Cir. 2014)).) 5 According to
28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the 6 | matter. Having carefully reviewed the entire file, the Court concludes that the findings and 7 || recommendations are supported by the record and by proper analysis. 8 Thus, the Court ORDERS: 9 1. The findings and recommendations issued on October 28, 2025, (Doc. 8), are ADOPTED 10 IN FULL. 11 2. This action is DISMISSED, without prejudice, due to Plaintiffs failure to obey a Court 12 order and failure to prosecute. 13 3. The Clerk of the Court is directed to close this case. 14 15 IT IS SO ORDERED. 16 Dated: _ November 23, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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