(PC) Turner v. Jewish ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CLIFFORD POLLARD TURNER, No. 1:23-cv-0287 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDERS AND 14 JEWISH, et al., FAILURE TO PROSECUTE 15 Defendants. (Doc. 10) 16 17 Clifford Pollard Turner is a Texas state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This action was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 The magistrate judge found Plaintiff failed to prosecute this action after he failed to 21 respond to the Court’s order directing him to submit a completed application to proceed in forma 22 pauperis or pay the $402.00 filing fee, and “to file a signed complaint, not to exceed 25 pages in 23 length.” (Doc. 10 at 1, citing Doc. 4.) The magistrate judge noted that Plaintiff was “expressly 24 warned Plaintiff that failure to comply with the Court’s order would result in dismissal of this 25 action, without prejudice.” (Id.) Accordingly, the magistrate judge recommended the action be 26 dismissed without prejudice. (Id. at 4.) 27 The Findings and Recommendations were served on Plaintiff by mail on May 24, 2023, 28 and contained a notice that any objections must be filed within 14 days. (Doc. 10 at 4.) In 1 addition, Plaintiff was advised the “failure to file objections within the specified time may result 2 | inthe waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (/d., quoting 3 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 4 | (9th Cir. 1991).) No objections were filed, and the deadline to do so has now passed. 5 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 6 | case. Having carefully reviewed the entire matter, the Court concludes the magistrate judge’s 7 | Findings and Recommendations are supported by the record and by proper analysis. Based on the 8 | foregoing, the Court ORDERS: 9 1. The Findings and Recommendations issued on May 24, 2023 (Doc. 10), are 10 ADOPTED in full. 11 2. This action is DISMISSED without prejudice. 12 3. The Clerk of Court is directed to close this case. 13 4 IT IS SO ORDERED. 15 Dated: _ June 21, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28