Opinion
1:23-cv-00699-JLT-CDB (PC)
09-15-2023
JOHNNY LEE SLOAN, JR., Plaintiff, v. T. CISNEROS, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS FOR FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE (DOC. 13)
Johnny Lee Sloan, Jr. seeks to hold the defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
The magistrate judge recommended this action be dismissed for Plaintiff's failure to obey court orders and failure to prosecute. (Doc. 13.) Specifically, the magistrate judge found Plaintiff failed to file either a first amended complaint or a notice of voluntary dismissal as ordered following screening of his complaint. (Id. at 2-4.) Additionally, the magistrate judge advised Plaintiff that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No objections were filed.
According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to be supported by the record and proper analysis. Accordingly, the Court ORDERS:
1. The Findings and Recommendations issued on August 22, 2023 (Doc. 13) are ADOPTED IN FULL.
2. This action is DISMISSED without prejudice for Plaintiff's failure to obey court orders and failure to prosecute.
3. The Clerk of the Court is directed to terminate any pending motions or deadlines and to close this case.
IT IS SO ORDERED.
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