Amps v. Navarro ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVARIS AMPS, ) Case No.: 1:23-cv-1253 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 TAHAREA NAVARRO, ) THE CASE ) 15 Defendant. ) (Doc. 4) ) 16 17 Travaris Amps initiated this action by filing a complaint on August 22, 2023. (Doc. 1.) 18 However, Plaintiff did not pay the Court’s filing fee or file a motion to proceed in forma pauperis. 19 Therefore, the Court ordered Plaintiff to apply to proceed in forma pauperis or pay the filing fee. (Doc. 20 2.) After Plaintiff failed to do so, the assigned magistrate judge recommended the action be dismissed 21 for Plaintiff’s failure to comply with a court order, failure to prosecute, and failure to pay the filing fee. 22 (Doc. 4.) 23 On September 20, 2023, the Court served the Findings and Recommendations on Plaintiff and 24 notified him that any objections were due within 14 days. (Doc. 4 at 4.) The Court also informed him 25 that the “failure to file objections within the specified time may result in the waiver of rights on 26 appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections were 27 filed, and the deadline to do so expired. 28 Pursuant to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 1 |} 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully review 2 || the matter, the Court finds the Findings and Recommendations are supported by the record and prope 3 || analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations dated September 20, 2023 (Doc. 4) are adopted i 5 full. 6 2. Plaintiff's complaint is dismissed without prejudice. 7 3. The Clerk of Court is directed to close this action. 8 9 IT IS SO ORDERED. 10 || Dated: _ October 17, 2023 Cerin | Tower 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28