(PC) Jeter v. Reyes ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO JETER, Case No.: 1:23-cv-0110 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS, DISMISSING THE ACTION WITHOUT PREJUDICE, AND 14 REYES, et al., DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 15 Defendants. (Doc. 14) 16 17 Antonio Jeter seeks to hold the defendants liable for civil rights violations pursuant to 42 18 U.S.C. § 1983. On July 17, 2023, the magistrate judge screened Plaintiff’s complaint pursuant to 19 28 U.S.C. § 1915A(a), and found Plaintiff did not state a cognizable claim upon which relief 20 could be granted. (Doc. 12.) Plaintiff was granted 21 days to file an amended complaint. (Id. at 21 13.) The Court also informed Plaintiff that if he failed to do so, the magistrate judge would 22 “recommend that this action be dismissed, without prejudice, for failure to obey a court order and 23 for failure to prosecute.” (Id., emphasis omitted.) 24 After Plaintiff did not file an amended complaint or otherwise respond to the screening 25 order, the magistrate judge found Plaintiff failed to prosecute his case and failed comply with the 26 Court’s order. (Doc. 14.) Therefore, the magistrate judge recommended the action be dismissed. 27 (Id. at 4.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within 14 days of the date of service. (Id.) The Court also advised him 1 | that the “[flailure to file objections within the specified time may result in waiver of his rights on 2 | appeal.” (/d., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 3 | 923 F.2d 1391, 1394 (9th Cir. 1991).) No objections were filed. 4 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Accordingly, the Court ORDERS: 7 1. The Findings and Recommendations issued on August 16, 2023 (Doc. 14) are 8 ADOPTED in full. 9 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 10 orders and failure to prosecute. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. 14 | Dated: _ September 6, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28