(PC) Brown v. Sherman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEON BROWN, Case No.: 1:21-cv-1327 JLT CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 STUART SHERMAN, et al., CLOSE THE CASE 15 Defendants. (Doc. 17) 16 17 Plaintiff seeks to hold defendants liable for violations of his civil rights pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 16, 2023, the magistrate judge found Plaintiff failed to comply with the 21 Court’s order to file an amended complaint and failed to prosecute this action, and recommended 22 the action be dismissed without prejudice. (Doc. 17.) The Court granted Plaintiff fourteen days to 23 file any objections and informed him that the “failure to file objections within the specified time 24 may result in waiver of his rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834, 25 839 (9th Cir. 2014).) Plaintiff did not file objections and the deadline to do so expired. 26 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 27 case. Having carefully reviewed the entire matter, the Court concludes the Findings and 1 1. The Findings and Recommendations issued on October 16, 2023 (Doc. 17) are 2 ADOPTED in full. 3 2. This action is DISMISSED without prejudice. 4 3. The Clerk of Court is directed to close this case. 5 6 IT IS SO ORDERED. 7 | Dated: _November 6, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28