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-1406 - AWI - 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. 5) ) 15 Defendants. ) ) 16 ) 17 Anthony Wiley, Sr. asserts defendants Robert Goodman, the Bakersfield Police Department, 18 and the Kern County Superior Court are liable for violations of his civil rights to equal protection and 19 due process, “crimes against the disabled,” judicial corruption, and judicial misconduct. (See generally 20 Doc. 1) Because Plaintiff failed to comply with the Local Rules requiring Plaintiff to keep the Court 21 apprised of a proper mailing address and failed to prosecute this action, the magistrate judge 22 recommended the complaint be dismissed without prejudice on January 30, 2020. 23 Plaintiff was given fourteen days to file any objections to the recommendations that the action 24 be dismissed. (Doc. 5 at 4) Plaintiff was “advised that failure to file objections within the specified 25 time may waive the right to appeal the District Court’s order.” (Id., citing Martinez v. Ylst, 951 F.2d 26 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). Notably, this 27 document was also returned to the Court as undeliverable on February 7, 2020. In addition, no 28 objections have been filed. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley Unite 2 || School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 3 || Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported 4 || by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED: 6 1. The Findings and Recommendations dated January 30, 2020 (Doc. 5) are ADOPTED 7 IN FULL; 8 2. The complaint is DISMISSED without prejudice; and 9 3. The Clerk of Court is DIRECTED to close the action. 10 11 IT IS SO ORDERED. Jp 12 |! Dated: _ February 20, 2020 7 Zz 7 Cb Lec B _-SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28