Ento v. Poland ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER DAVID ENTO, ) Case No.: 1:20-cv-0247 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE ) 14 JUDGE POLAND, et al., ) (Doc. 4) ) 15 Defendants. ) ) 16 17 Christopher David Ento initiated this action by filing a complaint for a violation of his civil 18 rights on February 19, 2020. (Doc. 1.) However, Plaintiff failed to pay the Court’s filing fee or file a 19 motion to proceed in forma pauperis. Therefore, on November 2, 2021, the magistrate judge ordered 20 Plaintiff to apply to proceed in forma pauperis or pay the filing fee. (Doc. 2.) After Plaintiff failed to 21 comply with the Court’s order, the magistrate judge recommended the complaint be dismissed without 22 prejudice on January 3, 2022. (Doc. 4.) 23 The Court granted Plaintiff thirty days from the date of service to file objections to the 24 recommendation of the Magistrate Judge. (Doc. 4 at 2.) The Court also advised Plaintiff “that failure 25 to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 26 Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). By the deadline of February 7, 2022, 27 Plaintiff did not file objections, apply to proceed in forma pauperis, pay the filing fee or respond 28 otherwise. Thus, according to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 1 || 708 F.2d 452, 454 (th Cir. 1983), this Court conducted a de novo review of the case. Having carefu 2 || reviewed the matter, the Court finds the Findings and Recommendations are supported by the record 3 || and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated January 3, 2022 (Doc. 4) are ADOPTED 5 IN FULL. 6 2. Plaintiff's complaint is DISMISSED without prejudice; and 7 3. The Clerk of Court is DIRECTED to close this action, because this Order terminates 8 the matter in its entirety. 9 10 IS SO ORDERED. 11 Dated: _ February 24, 2022 ( LAW ph L. wary 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28