(PC) Mckenzie v. Moreno ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAL DELANO MCKENZIE, No. 1:23-cv-1071 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 CARISSA MORENO, et al., CLOSE THE CASE 15 Defendants. (Doc. 6) 16 17 Jamal Delano McKenzie is a state prisoner proceeding pro se in this civil rights case filed 18 pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened the complaint and issued 19 Findings and Recommendations, recommending that Plaintiff’s case be dismissed without 20 prejudice for failure to pay the filing fee pursuant to 28 U.S.C. § 1914 or to file an application to 21 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 6.) The Court served the 22 Findings and Recommendations on Plaintiff and notified him that any objections must be filed 23 within 14 days and that the failure to file timely objections may waive his rights on appeal. (Id. at 24 2, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 25 objections, and the time to do so expired. 26 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. 27 Having carefully reviewed the entire file, the Court concludes the Findings and 28 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1 1. The Findings and Recommendations entered on September 15, 2023 (Doc. 6) 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: _ October 17, 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