(PC) Walker v. Beshara ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY E. WALKER Case No. 1:20-cv-1050 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION IN FULL, 13 v. DISMISSING THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK 14 MINA BESHARA, et al., OF COURT TO CLOSE THE CASE 15 Defendants. (Doc. 60) 16 17 Jeffrey Walker initiated this action pursuant to 42 U.S.C. § 1983, seeking to hold the 18 defendants liable for violations of his civil rights. The magistrate judge found Plaintiff failed to 19 state a claim and granted Plaintiff leave to file an amended complaint. In the alternative, the 20 Court informed him that he could notify the Court that he chose to stand on the allegations of the 21 First Amended Complaint or file a notice of voluntary dismissal. (Doc. 53.) 22 Although the Court granted extensions of time, Plaintiff failed to file an amended 23 complaint by the ordered deadline of July 14, 2023. (See Doc. 59.) The magistrate judge found 24 Plaintiff failed to prosecute this action and failed to comply with the Court’s orders, and 25 recommended the case be dismissed without prejudice. (Doc. 60) The Court served the Findings 26 and Recommendations on Plaintiff, and it notified him that any objections were due within 14 27 days. (Id. at 5.) The Court also informed him that the “failure to file objections within the 28 specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 1 | 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) 2 | Plaintiff did not file any objections and the time to do so has expired. 3 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 4 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 5 | Recommendation are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations filed on July 31, 2023 (Doc. 60) are 7 ADOPTED in full. 8 2. The action is DISMISSED without prejudice. 9 3. The Clerk of Court shall close this case. 10 IT IS SO ORDERED. 12 | Dated: _September 6, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28