Opinion
1:23-cv-1071 JLT EPG (PC)
10-17-2023
JAMAL DELANO MCKENZIE, Plaintiff, v. CARISSA MORENO, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE
(DOC. 6)
Jamal Delano McKenzie is a state prisoner proceeding pro se in this civil rights case filed pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened the complaint and issued Findings and Recommendations, recommending that Plaintiff's case be dismissed without prejudice for failure to pay the filing fee pursuant to 28 U.S.C. § 1914 or to file an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 6.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections must be filed within 14 days and that the failure to file timely objections may waive his rights on appeal. (Id. at 2, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so expired.
According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations entered on September 15, 2023 (Doc. 6) are ADOPTED IN FULL.
2. This action is DISMISSED without prejudice.
3. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.