(SS) Rojas-Renteria v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD LEE ROJAS-RENTERIA, ) Case No.: 1:20-cv-01761 JLT HBK ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE FOR ) PLAINTIFF’S FAILURE TO PROSECUTE AND 14 COMMISSIONER OF SOCIAL SECURITY, ) FAILURE TO OBEY THE COURT’S ORDERS ) 15 Defendant. ) (Doc. 20) ) 16 17 Richard Lee Rojas-Renteria initiated this action by filing a complaint for a judicial review of 18 administrative decision denying his application for Social Security benefits. (Doc. 1.) Because 19 Plaintiff failed to file an opening brief —or take any other action to prosecute this action following the 20 withdrawal of his counsel—the assigned magistrate judge recommended the action be dismissed on 21 January 26, 2022. (Doc. 20.) 22 The Court granted Plaintiff 14 days from the date of service to file objections to the Findings 23 and Recommendations. (Doc. 20 at 4.) In addition, the Court advised Plaintiff “that failure to file 24 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 25 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 26 (9th Cir. 1991).) However, he did not file objections. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 28 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 1 || Having carefully reviewed the matter, the Court finds the Findings and Recommendations are 2 || supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 3 1. The Findings and Recommendations dated January 26, 2022 (Doc. 20) are ADOPTEI 4 IN FULL. 5 2. Plaintiff's complaint is DISMISSED without prejudice; and 6 3. The Clerk of Court is DIRECTED to close this action, because this Order terminates 7 the matter in its entirety. 8 9 || IT IS SO ORDERED. 10 | Dated: _ February 22, 2022 ( LAW ph L. wary 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28