(PC) Long v. Stanislaus County Sheriffs Detention Center ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN MICHAEL LONG, ) Case No.: 1:23-cv-0356 JLT EPG (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) 14 STANISLAUS COUNTY SHERIFF’S ) DIRECTING THE CLERK OF COURT TO CLOSE DETENTION CENTER, et al., ) THE CASE 15 ) Defendants. ) (Doc. 8) 16 ) 17 Kevin Long initiated this action by filing a complaint pursuant on March 6, 2023. Because 18 Plaintiff did not file a completed motion to proceed in forma pauperis, the Court ordered Plaintiff to 19 refile a completed in forma pauperis application or to pay the filing fee within 45 days. (Doc. 6.) The 20 Court also directed Plaintiff to provide a notice regarding his detention status. (Id.) Plaintiff failed to 21 respond to the Court’s order. 22 The magistrate judge found Plaintiff failed to prosecute the action and failed to comply with the 23 Court’s order, and recommended the action be dismissed without prejudice. (Doc. 8.) These Findings 24 and Recommendations were served on Plaintiff on July 11, 2023, and contained a notice that any 25 objections were due within 14 days of the date of service. (Id. at 3.) Plaintiff was also informed the 26 “that failure to file objections within the specified time may result in the waiver of rights on appeal.” 27 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 28 1391, 1394 (9th Cir. 1991).) To date, no objections have been filed and the time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court conducted a de novo 2 || review of this case. Having carefully reviewed the entire file, the Court concludes the Findings and 3 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued July 11, 2023, are ADOPTED in full. 5 2. This case is DISMISSED without prejudice. 6 3. The Clerk of Court is directed to close this case. 7 8 || IT IS SO ORDERED. ? Dated: _ November 9, 2023 Charis [Tourn 10 TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28