(PC) Smith v. Pfeiffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARMAAL SMITH, Case No. 1:19-cv-0437 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v., THE ACTION WITHOUT PREJUDICE 14 (Doc. 25) 15 CHRISTIAN PFEIFFER, et al., 16 Defendants. 17 18 The assigned magistrate judge screened Plaintiff’s complaint as provided by 28 U.S.C. § 19 1915A. (Doc. 24.) The magistrate judge noted Plaintiff alleged 19 causes of action against 27 20 named defendants and 5 “John Doe” defendants. (Id. at 2.) The magistrate judge reviewed the 21 allegations of the pleading and found Plaintiff failed to state a claim upon which relief could be 22 granted. (Id. at 4-11.) The Court directed Plaintiff to file an amended complaint; notify the Court 23 that he wished to stand on his current complaint, which was subject to dismissal; or file a notice 24 of voluntary dismissal. (Id. at 11-12.) The Court provided Plaintiff 30 days to respond to the 25 order. (Id. at 12.) 26 After Plaintiff did not exercise any of the three identified options—or otherwise respond 27 to the Court’s order—the magistrate judge found Plaintiff failed to prosecute the action. (Doc. 28 25.) Therefore, the magistrate judge recommended the action “be dismissed without prejudice for 1 | Plaintiffs failure to prosecute” on July 25, 2022. Ud.) Though the Court allowed Plaintiff 14 days 2 | to file any objection the Findings and Recommendations and advised him “that failure to file 3 | objections within the specified time may result in the waiver of rights on appeal,” (Doc. 25 at 5., 4 | citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 5 | 1391, 1394 (9th Cir. 1991), he did not file any objections, and the time to do so has expired. 6 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review. Having 7 | carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are 8 || supported by the record and proper analysis. Thus, the Court ORDERS: 9 1. The Findings and Recommendations issued on July 25, 2022 (Doc. 25) are 10 ADOPTED in full. 11 2. The action is DISMISSED without prejudice. 12 3. The Clerk of Court is directed to close this case. 13 4 IT IS SO ORDERED. 5 Dated: _ August 30, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28