Opinion
1:21-cv-1710 JLT CDB (PC)
04-06-2023
JONATHAN DEWITT McDOWELL, Plaintiff, v. R. FLORES, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THE ACTION WITHOUT PREJUDICE FOR PLAINTIFF'S FAILURE TO OBEY COURT ORDER AND FAILURE TO PROSECUTE
(Doc. 17)
Jonathan Dewitt McDowell is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action. (See generally Doc. 1.) The assigned magistrate judge found Plaintiff failed to comply with a Court order and failed to prosecute the matter. (Doc. 17.) Thus, the magistrate judge recommended the action be dismissed without prejudice. (Id. at 4.)
Plaintiff filed a Notice of Change of Address on August 4, 2022, providing a residential street address in Hemet, California.
The Findings and Recommendations were served upon Plaintiff at the address on record on March 15, 2023. It contained a notice that any objections were to be filed within 14 days. (Doc. 17 at 4.) In addition, Plaintiff was informed the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, no objections have been filed and the time to do so has expired.
According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the file, the Court concludes the Findings and Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations issued on March 15, 2023 (Doc. 17) are ADOPTED in full.
2. This action is DISMISSED without prejudice.
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.