(PC) Gonzalez v. Ressendis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MACARIO TORRES GONZALEZ, No. 1:23-cv-1031 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 R. RESSENDIS, et al., CLOSE THE CASE 15 Defendants. (Doc. 9) 16 17 Marcus Torres Gonzalez is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 The assigned magistrate judge found Plaintiff failed to state a cognizable claim, and failed 21 to prosecute the action by filing an amended complaint as ordered. (Doc. 9 at 4-7.) Therefore, 22 the magistrate judge recommended the action be dismissed without prejudice. (Id. at 7.) The 23 Court served the Findings and Recommendations on Plaintiff and notified him that any objections 24 were due within 14 days and that the “failure to file objections within the specified time may 25 result in the waiver of rights on appeal.” (Id. at 8 citing Wilkerson v. Wheeler, 772 F.3d 834, 838- 26 39 (9th Cir. 2014).) Plaintiff did not file objections were filed, and the deadline to do so expired. 27 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the 28 case. Having carefully reviewed the entire file, the Court concludes the Findings and 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The findings and recommendations issued on September 11, 2023 (Doc. 9) are 3 ADOPTED IN FULL. 4 2. This action is DISMISSED without prejudice for failure to state a claim, failure to 5 prosecute, and failure to comply with a court order. 6 3. The Clerk of Court is directed to close this case. 7 g IT IS SO ORDERED. o | Dated: _ October 16, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28