(PC) McDowell v. Flores ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN DEWITT McDOWELL, Case No. 1:21-cv-1710 JLT CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THE 13 v. ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO OBEY COURT 14 R. FLORES, et al., ORDER AND FAILURE TO PROSECUTE 15 Defendants. (Doc. 17) 16 17 Jonathan Dewitt McDowell is a former state prisoner1 proceeding pro se and in forma 18 pauperis in this civil rights action. (See generally Doc. 1.) The assigned magistrate judge found 19 Plaintiff failed to comply with a Court order and failed to prosecute the matter. (Doc. 17.) Thus, 20 the magistrate judge recommended the action be dismissed without prejudice. (Id. at 4.) 21 The Findings and Recommendations were served upon Plaintiff at the address on record 22 on March 15, 2023. It contained a notice that any objections were to be filed within 14 days. 23 (Doc. 17 at 4.) In addition, Plaintiff was informed the “failure to file objections within the 24 specified time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 25 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To 26 date, no objections have been filed and the time to do so has expired. 27 1 Plaintiff filed a Notice of Change of Address on August 4, 2022, providing a residential street address in 1 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 2 | Having carefully reviewed the file, the Court concludes the Findings and Recommendations to be 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on March 15, 2023 (Doc. 17) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice. 7 3. The Clerk of the Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ April 6, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28