(PC) Crossley v. Well Path Medical ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LAMONT CROSSLEY, No. 1:22-cv-00024 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION WITHOUT PREJUDICE 14 WELL PATH MEDICAL, et al., (Doc. 7) 15 Defendants. 16 17 Robert Lamont Crossley is a county jail inmate proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. On January 10, 2022, the assigned magistrate judge directed 19 Plaintiff to submit a completed application to proceed in forma pauperis or pay the $402.00 filing 20 fee within thirty days. (Doc. 4.) The Court warned Plaintiff that “failure to comply with [the] 21 order will result in dismissal of this action without prejudice.” (Id. at 2, emphasis omitted.) 22 Plaintiff did respond to the Court’s order or otherwise communicate with the Court. 23 On March 1, 2022, the magistrate judge issued Findings and Recommendations that the 24 action be dismissed without prejudice, upon finding Plaintiff failed to obey a court order and 25 failed to prosecute the action. (Doc. 7.) The Findings and Recommendations contained notice 26 that any objections were to be filed within fourteen days after service. (Id. at 3.) In addition, 27 Plaintiff was “advised that failure to file objections within the specified time may result in the 28 waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. at 3-4, quoting 1 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections have been filed, and the 2 | deadline to do so has passed. According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de 3 | novo review of the case. Having carefully reviewed the entire matter, the Court concludes the 4 | Findings and Recommendations are supported by the record and by proper analysis. Thus, the 5 | Court ORDERS: 6 1. The Findings and Recommendations issued on March 1, 2022, (Doc. 7), are 7 ADOPTED in full. 8 2. This action is DISMISSED without prejudice; and 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 10 | Dated: _ April 4, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28