(PC) Chavez v. Kings County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PABLO CHAVEZ, ) Case No.: 1:20-cv-0503 JLT HBK ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS AND DISMISSING 13 v. ) THE ACTION WITHOUT PREJUDICE ) 14 KINGS COUNTY, et al., ) (Doc. 13) ) 15 Defendants. ) ) 16 17 The assigned magistrate judge screened Plaintiff’s complaint and found it failed to state a 18 claim. (Doc. 12 at 4-6.) The magistrate judge also found the relief requested was either moot or 19 precluded by statute. (Id. at 6.) Therefore, the magistrate judge directed Plaintiff to exercise one of the 20 following options within 21 days: (1) file an amended complaint; (2) file a notice that he intends to 21 stand on his Complaint subject to the assigned magistrate judge recommend that the Complaint be 22 dismissed; or (3) file a notice to voluntarily dismiss the action. (Id. at 7-8.) The Court warned Plaintiff 23 that failure to comply with the order would result in a recommendation that the action be dismissed. 24 (Id. at 8.) Nevertheless, Plaintiff failed to comply with—or otherwise respond to—the Court’s order. 25 The magistrate judge found Plaintiff failed to prosecute the action and failed to comply with 26 the Court’s order, and recommended the action be dismissed without prejudice. (Doc. 13.) The Court 27 granted Plaintiff 14 days to object to the Findings and Recommendations. (Id. at 4.) In addition, the 28 Court informed Plaintiff that the “failure to file objections within the specified time may result in the 1 || waiver of rights on appeal.” (Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); 2 || Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, Plaintiff has not filed objections 3 || and the time to do so has expired. 4 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 5 || Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations ar 6 || supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 7 1. The Findings and Recommendations issued on September 7, 2022 (Doc. 13) are 8 ADOPTED in full. 9 2. The action is DISMISSED without prejudice. 10 3. The Clerk of Court is directed to close this case. 11 12 IS SO ORDERED. 13 ll Dated: _ October 7, 2022 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28