Wiley v. Goodman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANOTHONY WILEY, SR., ) Case No.: 1:19-cv-1407 - LJO - JLT ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS AND DISMISSING 13 v. ) THE ACTION WITHOUT PREJUDICE ) 14 ROBERT GOODMAN, et al., ) (Doc. 4) ) 15 Defendants. ) ) 16 ) 17 Anthony Wiley, Sr. asserts the defendants are liable for a violation of the Privacy Act of 1974, 18 hate crime against a disabled American, judicial misconduct, judicial corruption, and RICO violation. 19 (See generally Doc. 1) Because Plaintiff failed to comply with the Local Rules and failed to prosecute 20 this action, the magistrate judge recommended the complaint be dismissed without prejudice on 21 January 7, 2020. 22 Plaintiff was given fourteen days to file any objections to the recommendations that the action 23 be dismissed. (Doc. 4) In addition, he was “advised that failure to file objections within the specified 24 time may waive the right to appeal the District Court’s order.” (Id., citing Martinez v. Ylst, 951 F.2d 25 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). Notably, this 26 document was also returned to the Court as undeliverable on January 16, 2020. In addition, no 27 objections have been filed. 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 1 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 2 Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported 3 by the record and proper analysis. 4 Accordingly, IT IS HEREBY ORDERED: 5 1. The Findings and Recommendations dated January 7, 2020 (Doc. 4) are ADOPTED 6 IN FULL; 7 2. The complaint is DISMISSED without prejudice; and 8 3. The Clerk of Court is DIRECTED to close the action. 9 10 IT IS SO ORDERED. 11 Dated: January 29, 2020 /s/ Lawrence J. O’Neill _____ 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28